Geneva Industries, Inc. v. Copeland Construction Corp., 70 C 158.
| Decision Date | 29 April 1970 |
| Docket Number | No. 70 C 158.,70 C 158. |
| Citation | 312 F. Supp. 186 |
| Parties | GENEVA INDUSTRIES, INC., Plaintiff, v. COPELAND CONSTRUCTION CORPORATION, Defendant. |
| Court | U.S. District Court — Northern District of Illinois |
Myron M. Cherry, Edward J. Brunet, McDermott, Will & Emery, Chicago, Ill., for plaintiff.
Stephen C. Shamberg, Marilyn J. Ireland, Friedman, Koven, Shapiro, Salzman, Koenigsberg, Specks & Homer, Chicago, Ill., for defendant.
Plaintiff, Geneva Industries, Inc. ("Geneva"), brings this suit to collect for cabinets manufactured by it, sold and delivered in the State of Pennsylvania to defendant, Copeland Construction Company ("Copeland"). Geneva is an Illinois corporation and maintains its principal place of business at Geneva, Illinois. It is in the business of manufacturing and distributing throughout the United States for both commercial and residential use, kitchen cabinets, kitchen case work and related items. Copeland is a Pennsylvania corporation, having its principal place of business in Allentown, Pennsylvania. Copeland is a general contractor operating only in Pennsylvania and builds various commercial and residential buildings.
Geneva seeks to base jurisdiction on diversity of citizenship, 28 U.S.C. § 1332. Rule 4(e) of the Federal Rules of Civil Procedure provides that federal courts follow state rules regarding the assertion of in personam jurisdiction over nonresidents to the extent such rules are consistent with due process. Defendant Copeland has moved to dismiss on the ground that it has never "transacted business" within the State of Illinois within the meaning of the Illinois long-arm statute,1 and that a determination that this Court has personal jurisdiction over it would offend due process of law in that the defendant has not had the requisite "minimum contacts" with this forum.2 The parties to this case have both submitted affidavits and exhibits which are relevant solely to the question of the Court's jurisdiction. While the affidavits are not completely consistent, the following general statement of the business transaction here involved is established: Copeland advertised in Pennsylvania for bids and quotations regarding custom metal casework for use in connection with certain modifications to be made to a hospital in Lehighton, Pennsylvania. The low bid for the production and installation of the cabinets was made to Copeland by Institutional Associates, Inc., whose place of business is Kreamer, Pennsylvania. Institutional Associates, Inc. is the Pennsylvania agent of Geneva, and its bid was based upon manufactured casework to be purchased by Institutional Associates from Geneva and resold to Copeland. Copeland was dissatisfied with the quotation, and there were further communications between Copeland and Institutional Associates, as well as Geneva, which culminated in the execution of a contract between Copeland and Geneva on November 6, 1967.
The parties dispute the nature and course of these communications. Geneva maintains, particularly on the basis of an affidavit of its Vice-president, that Copeland was informed that any lower bid would have to be negotiated directly between Copeland and Geneva, that Copeland thereafter by mail directly solicited a quotation from Geneva, and that subsequent to the mailing by Copeland to Geneva of the proposed plans for the casework on June 29, 1967, Institutional Associates did not in any way participate in the negotiations resulting in the ultimate contract.
Copeland maintains, on the basis of the affidavit of its President, that Copeland was never informed that any bid would have to be negotiated directly with Geneva, and that all of the negotiations leading up to the execution of the contract on November 6, 1967, were conducted, in so far as Copeland was concerned, with Institutional Associates, Inc. The Copeland affidavit relates that after the original bid submitted to Copeland by Institutional Associates, Inc. was rejected, the latter asked Copeland to send the plans and specifications directly to Geneva so that Geneva could study them thoroughly and perhaps make it possible for Institutional Associates to submit a lower bid.
While the exhibits that have been submitted to the Court tend to confirm Copeland's version of the negotiations prior and subsequent to the contract with Geneva, the resolution of the factual questions that have been raised by the conflicting affidavits is not necessary to a determination of whether this Court has jurisdiction over ...
To continue reading
Request your trial
-
Ronco, Inc. v. Plastics, Inc.
...21, 1982); Wessel Co. v. Yoffee & Breitman Management Corp., 457 F.Supp. 939, 941 (N.D.Ill.1978); Geneva Industries, Inc. v. Copeland Construction Co., 312 F.Supp. 186 (N.D.Ill.1970); Chicago Film Enterprises v. Jablanow, 55 Ill.App.3d 739, 13 Ill.Dec. 466, 371 N.E.2d 161 (1977). Here, the ......
-
IN-FLIGHT DEVICES CORPORATION v. Van Dusen Air, Inc.
...Yet it is unlikely that the Ohio courts could or should assert jurisdiction over the consumer. See Geneva Industries, Inc. v. Copeland Construction Corp., 312 F.Supp. 186 (N.D.Ill.1970); McQuay, Inc. v. Samuel Schlosberg, Inc., 321 F.Supp. 902 (D.Minn.1971). Commentators have recognized the......
-
Dangerfield v. Bachman Foods, Inc., Civ. No. A2-80-92.
...1178 (S.D.Iowa 1972); McQuay, Inc. v. Samuel Schlosberg, Inc., 321 F.Supp. 902, 907 (D.Minn.1971); Geneva Industries, Inc. v. Copeland Construction Corp., 312 F.Supp. 186, 188 (N.D. Ill.1970); Oswalt Industries, Inc. v. Gilmore, 297 F.Supp. 307, 312-13 (D.Kansas 1969); Al-Jon, Inc. v. Garde......
-
Lakeside Bridge & Steel Co. v. Mountain State Const. Co., Inc.
...F.Supp. 151 (E.D.Wis.1971); McQuay Inc. v. Samuel Schlosberg, Inc., 321 F.Supp. 902 (D.Minn.1971); Geneva Industries, Inc. v. Copeland Construction Corp., 312 F.Supp. 186 (N.D.Ill.1970); Oswalt Industries, Inc. v. Gilmore, 297 F.Supp. 307 (D.Kan.1969). District court decisions reaching the ......