Kay v. JFD MANUFACTURING COMPANY, 17329.
| Decision Date | 26 November 1958 |
| Docket Number | No. 17329.,17329. |
| Parties | James C. KAY and Jack Townes, Appellants, v. J. F. D. MANUFACTURING COMPANY, Inc., Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
George H. Baldwin, Jacksonville, Fla., Dean Covington, Rome, Ga., for appellants.
Roland P. Smith, Atlanta, Ga., for appellee.
Before RIVES, TUTTLE, and JONES, Circuit Judges.
JONES, Circuit Juge.
The appellee moved to dismiss the complaint saying that it is a New York corporation with its place of business in Brooklyn in that State, that it does not reside in the State of Georgia and has no regular and established place of business in Georgia. From an affidavit filed in support of the motion, and not controverted, it appears that Grady Duckett, who does business as Grady Duckett Sales Company, has a place of business in Atlanta. Among other activities he takes orders for the equipment of the appellee and sends the orders to it at its place of business in Brooklyn, New York. Duckett has no power to make any agreements for the appellee and the appellee is not bound to fill any orders submitted by Duckett and may reject them if it sees fit. On orders accepted shipments are made from Brooklyn. Payments are made to the appellee. The appellee is not listed in the Atlanta telephone directory. It pays no rent on the premises occupied by Duckett. Duckett did not carry any stock of the appellee's product. Duckett is compensated by commissions. The district court entered an order sustaining the appellee's motion and dismissed the complaint because of improper venue. The statutory provision as to venue in patent infringement cases is:
"Any civil action for patent infringement may be brought in the judicial district where the defendant resides, or where...
To continue reading
Request your trial
-
Brevel Products Corp. v. H & B AMERICAN CORPORATION
...that defendant hires a sales representative who in turn rents offices to sell defendant's products is insufficient. Kay v. J. F. D. Mfg. Co., 261 F.2d 95 (5th Cir. 1958); Root v. Samuel Cupples Envelope Co., 36 F.2d 405 (2d Cir. 1929); McGah v. V-M Corp., 166 F.Supp. 662 (N.D.Ill.1958); Kam......
-
Choat v. Rome Industries, Inc., Civ. A. No. C77-78R.
...by 28 U.S.C. § 1400(b). Fourco Glass Co. v. Transmirra Corp., 353 U.S. 222, 77 S.Ct. 787, 1 L.Ed.2d 786 (1957); Kay v. J. F. D. Mfg. Co., Inc., 261 F.2d 95 (5th Cir. 1958). Section 1400(b) Any civil action for patent infringement may be brought in the judicial district where the defendant r......
-
Coleco Industries, Inc. v. Kransco Manufacturing, Inc.
...that defendant hires a sales representative who in turn rents offices to sell defendant's products is insufficient. Kay v. J. F. D. Mfg. Co., 261 F.2d 95 (5th Cir. 1958); Root v. Samuel Cupples Envelope Co., 36 F.2d 405 (2d Cir. 1929); McGah v. V-M Corp., 166 F.Supp. 662 (N.D. Ill.1958); Ka......
-
American Cyanamid Co. v. Nopco Chemical Co.
...that defendant hires a sales representative who in turn rents offices to sell defendant's products is insufficient. Kay v. J. F. D. Mfg. Co., 261 F.2d 95 (5th Cir. 1958); * * Similarly, where a salesman of a corporation operates out of his home using his home as an office, and designates it......