(Download) "North Penn Gas Co. V. Corning Natural Gas Corp." by United States Court of Appeals for the Third Circuit * Book PDF Kindle ePub Free
eBook details
- Title: North Penn Gas Co. V. Corning Natural Gas Corp.
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 05, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
North Penn Gas Company appealed from a final judgment of the United States District Court for the Middle District of Pennsylvania, dismissing North Penn's complaint against Corning Natural Gas Corporation pursuant to Fed.R.Civ.P. 12(b)(2) for lack of in personam jurisdiction. The overarching issue presented on appeal was whether the district court properly determined that Corning lacked sufficient minimum contacts with Pennsylvania to grant a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(2). In an unpublished opinion, a panel of our court, with one dissent, determined that North Penn had not shown "purposeful contact by Corning with Pennsylvania" and affirmed the district court's order of dismissal. We granted panel rehearing because, on review, we believe that the district court committed legal error by applying the "physical presence" test which is outmoded in light of the Supreme Court's trend toward liberalizing minimum contacts theory. Accepting the facts as found by the district court and applying the standard of Burger King Corp. v. Rudzewicz, 471 U.S. 462, 85 L. Ed. 2d 528, 105 S. Ct. 2174 (1985), we conclude that in personam jurisdiction exists. We, therefore, will vacate the district court's order and remand for reinstatement of North Penn's complaint.
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