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May Department Stores Co. v. Wilansky

United States District Court for the Eastern District of Missouri
900 F. Supp. 1154 (1995)


Facts

Wilansky (defendant), an executive with May Department Stores Co. (May) (plaintiff), called a fellow May executive, Richard Battram, to inform him that Wilansky intended to resign. Wilansky was a Texas resident, and he called Battram from Texas. Battram was located at May’s headquarters in St. Louis, Missouri. Battram asked Wilansky to come to St. Louis to discuss his concerns. May then had its attorneys quickly draft a complaint for breach of contract against Wilansky. The following day, a Saturday, May sent a company jet to transport Wilansky from Texas to St. Louis. That same day, May’s attorneys convinced the federal district court to open and file May’s complaint against Wilansky. Wilansky and Battram met. When it became clear that Wilansky’s decision to resign was final, two of May’s attorneys entered Battram’s office and gave Wilansky a summons and a copy of the filed complaint. Wilansky moved to dismiss the suit for insufficient service of process under Federal Rule of Civil Procedure 12(b)(5).

Rule of Law

Issue

Holding and Reasoning (Shaw, J.)

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