25 F.R.D. 260 | W.D. Pa. | 1960
On March 2, 1960, upon the stipulation of counsel of record for the parties, an order of this court was entered dismissing the Thew Shovel Company, a corporation as a defendant in this civil action. The stipulation filed provides that service of process upon Thew “is defective and should be quashed”, and further “that this Honorable Court does not have venue to try and determine the. action as against said additional defendant ; and that this Honorable Court otherwise does not have jurisdiction over said additional defendant.” Subsequently, that is on March 11, 1960 in two civil actions, numbers 17251 and 17795, this court held that Thew Shovel Company was doing business within, this commonwealth and was therefore amenable to service as a foreign corporation unregistered to do business in Pennsylvania by service upon the Secretary of the Commonwealth.
On April 5, 1960, some thirty-three days after the civil actions were dismissed, counsel for plaintiff filed a petition to set aside the order of dismissal entered March 2, 1960. Counsel at argument stated that the petition was filed under the provisions of Rule ‘ 60 of the Federal Rules of Civil Procedure. The petition indicates and counsel states that counsel was mistaken and in error on two points, the first being that counsel was under the belief that evidence could not be produced sufficient to prove that Thew was doing business in this jurisdiction under the law of Pennsylvania. The second mistake was predicated upon the ignorance of counsel that the Legist lature of Pennsylvania had re-enacted the Business Corporation Law, § 1011 (C) in November of 1959, 15 P.S. § 2852-1011, subd. C.
This court observes in connection with the present application that counsel for plaintiff is not only able and experienced but the lawyers in the firm are thoroughly familiar with the federal practice and procedure. They file and try more civil actions in this court than any other law firm in the district. Gene K. Lynch, Esq., the attorney who argued this mo
At the argument held in the instant civil action, that is 16799, counsel agreed that the decision reached by this court should be applied to civil actions 15949, 15950, 15951 and 15974. It is so ordered.