William F. Conkwright, Helen Conkwright, Husband and Wife v. A C & S, Inc., a Pennsylvania Corporation, and Atlas Turner, Inc.

Ninth Circuit

William F. Conkwright, Helen Conkwright, Husband and Wife v. A C & S, Inc., a Pennsylvania Corporation, and Atlas Turner, Inc.

38 F.3d 1218, 1994 U.S. App. LEXIS 36931, 1994 WL 577264

CourtCourt of Appeals for the Ninth Circuit

DecidedOctober 17, 1994

Docket94-15066

StatusPublished

This text of 38 F.3d 1218 (William F. Conkwright, Helen Conkwright, Husband and Wife v. A C & S, Inc., a Pennsylvania Corporation, and Atlas Turner, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

William F. Conkwright, Helen Conkwright, Husband and Wife v. A C & S, Inc., a Pennsylvania Corporation, and Atlas Turner, Inc., 38 F.3d 1218, 1994 U.S. App. LEXIS 36931, 1994 WL 577264 (9th Cir. 1994).

Pincite

Opinion

38 F.3d 1218
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

William F. CONKWRIGHT, Helen Conkwright, husband and wife,
Plaintiffs-Appellees,
v.
A C & S, INC., a Pennsylvania corporation, Defendant,
and
Atlas Turner, Inc., Defendant-Appellant.

No. 94-15066.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 12, 1994.*
Decided Oct. 17, 1994.

Before: FARRIS and BEEZER, Circuit Judges, and McLAUGHLIN,** District Judge.

MEMORANDUM***

Appellants A C & S, Inc. and Atlas Turner appeal the district court's denial of its motion to set aside a default judgment. Appellants contend that the district court lacked jurisdiction. The legal issues are identical to those decided in Straub v. A.P. Green, Inc. et al., No. 92-16204 slip op. ----. The Foreign Sovereign Immunities Act applies. Appellants have minimum contacts with the relevant geographical area, the United States. Conkwright substantially complied with the service of process requirements under Sec. 1608(b)(3). We REMAND to determine whether appellants had actual notice of the complaint in 1986.

*

The panel finds this case appropriate for decision without oral argument. Fed.R.App.P. 34(a); 9th Cir.R. 34-4

**

Hon. Linda Hodge McLaughlin, United States District Judge for the Central District of California, sitting by designation

***

This disposition is not appropriate for publication and may not be cited to or by the courts of this Circuit except as provided by Ninth Circuit Rule 36-3

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38 F.3d 1218
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

William F. CONKWRIGHT, Helen Conkwright, husband and wife,
Plaintiffs-Appellees,
v.
A C & S, INC., a Pennsylvania corporation, Defendant,
and
Atlas Turner, Inc., Defendant-Appellant.

No. 94-15066.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 12, 1994.*
Decided Oct. 17, 1994.

Before: FARRIS and BEEZER, Circuit Judges, and McLAUGHLIN,** District Judge.

MEMORANDUM***

Appellants A C & S, Inc. and Atlas Turner appeal the district court's denial of its motion to set aside a default judgment. Appellants contend that the district court lacked jurisdiction. The legal issues are identical to those decided in Straub v. A.P. Green, Inc. et al., No. 92-16204 slip op. ----. The Foreign Sovereign Immunities Act applies. Appellants have minimum contacts with the relevant geographical area, the United States. Conkwright substantially complied with the service of process requirements under Sec. 1608(b)(3). We REMAND to determine whether appellants had actual notice of the complaint in 1986.

*

The panel finds this case appropriate for decision without oral argument. Fed.R.App.P. 34(a); 9th Cir.R. 34-4

**

Hon. Linda Hodge McLaughlin, United States District Judge for the Central District of California, sitting by designation

***

This disposition is not appropriate for publication and may not be cited to or by the courts of this Circuit except as provided by Ninth Circuit Rule 36-3

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Bluebook (online)

38 F.3d 1218, 1994 U.S. App. LEXIS 36931, 1994 WL 577264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-f-conkwright-helen-conkwright-husband-and--ca9-1994.