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Mooney v. Brymer

United States District Court, E.D. Missouri
Aug 29, 1985
616 F. Supp. 1417 (E.D. Mo. 1985)

Opinion

No. 84-1272 C (4).

August 29, 1985.

Theodore D. Dearing, Dearing Hartzog, Clayton, Mo., for plaintiffs.

Francis L. Ruppert, Ruppert and Benjamin, Clayton, Mo., for defendant.


MEMORANDUM AND ORDER


This matter comes before the Court on third-party defendant Michael Frierdich's motion to dismiss the third-party complaint for lack of personal jurisdiction, and on third-party plaintiff's request for an oral hearing.

This Court in a memorandum and order dated December 11, 1984, dismissed defendant Frierdich (now third-party defendant Frierdich) from this lawsuit for lack of personal jurisdiction. To date, there has been nothing added to the record that would indicate that third-party defendant Frierdich engaged in any activities within the state of Missouri so as to meet the minimum contacts requirement as set out in Worldwide Volkswagen v. Woodson, 444 U.S. 286, 297, 100 S.Ct. 559, 567, 62 L.Ed.2d 490 (1976), and Scullin Steel v. National Ry. Utilization Corp., 676 F.2d 309, 311 (8th Cir. 1982). Thus, the Court still lacks personal jurisdiction over third-party defendant Frierdich, and therefore, his motion to dismiss the third-party complaint will be granted. Accordingly,

IT IS HEREBY ORDERED that third-party defendant Frierdich's motion to dismiss the third-party complaint is GRANTED.

IT IS FURTHER ORDERED that third-party plaintiff's request for oral argument is DENIED.


Summaries of

Mooney v. Brymer

United States District Court, E.D. Missouri
Aug 29, 1985
616 F. Supp. 1417 (E.D. Mo. 1985)
Case details for

Mooney v. Brymer

Case Details

Full title:James MOONEY, et al., Plaintiffs, v. Charles BRYMER, et al.…

Court:United States District Court, E.D. Missouri

Date published: Aug 29, 1985

Citations

616 F. Supp. 1417 (E.D. Mo. 1985)

Citing Cases

Mooney v. Frierdich

PER CURIAM. Charles Brymer and others appeal from a district court order dismissing their third-party…