Tues. Sept. 11

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Tues. Sept. 11
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service
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service on individuals
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4(c) Service. (2) By Whom. Any person who is
at least 18 years old and not a party may serve a
summons and complaint.
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4(e) Serving an Individual Within a Judicial
District of the United States. Unless federal
law provides otherwise, an individual other
than a minor, an incompetent person, or a person
whose waiver has been filed may be served in a
judicial district of the United States by
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(1) following state law for serving a summons in
an action brought in courts of general
jurisdiction in the state where the district
court is located or where service is made or
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(2) doing any of the following    (A)
delivering a copy of the summons and of the
complaint to the individual personally    (B)
leaving a copy of each at the individuals
dwelling or usual place of abode with someone of
suitable age and discretion who resides there
or    (C) delivering a copy of each to an agent
authorized by appointment or by law to receive
service of process.
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serving corporations or unincorporated
associations
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(h) Serving a Corporation, Partnership, or
Association. must be served(1) in a judicial
district of the United States    (A) in the
manner prescribed by Rule 4(e)(1) for serving an
individual or    (B) by delivering a copy of
the summons and of the complaint to an officer, a
managing or general agent, or any other agent
authorized by appointment or by law to receive
service of process and if the agent is one
authorized by statute and the statute so requires
by also mailing a copy of each to the
defendant...
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1) P files an action against the D Corp. in the
E.D. Va. for violation of federal law.- P serves
the D Corp. by having a process server leave a
copy of the summons and complaint with a foreman
at a D. Corp. plant in Pa.- The D. Corp. appears
in the E.D. Va. and makes a motion to dismiss the
complaint for insufficiency of service of
process. What result?
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2) P files an action against the D Corp. in the
E.D. Va. for violation of federal law.P serves D
by having his lawyer leave a copy of the summons
and complaint at the house of the CEO of the D.
Corp. in Pennsylvania with his 18 year old son-
The D. Corp. specially appears in the E.D. Va.
and makes a motion to dismiss the complaint for
insufficiency of service of process.- What
result?
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constitutional restrictions on service
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U.S. Const. Amendment V.No person shall . . . be
deprived of life, liberty, or property, without
due process of law . . . Amendment XIV.Section
1. . . . No State shall make or enforce any law
which shall abridge the privileges or immunities
of citizens of the United States nor shall any
State deprive any person of life, liberty, or
property, without due process of law nor deny to
any person within its jurisdiction the equal
protection of the laws.
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Mennonite Board of Missions v. Adams(U.S. 1983)
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Mullane v. Central Hanover Bank Trust Co.(U.S.
1950)
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An elementary and fundamental requirement of due
process in any proceeding which is to be accorded
finality is notice reasonably calculated, under
all the circumstances, to apprise interested
parties of the pendency of the action and afford
them an opportunity to present their objections.
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federal subject matter jurisdiction
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federal question(or arising under)jurisdiction
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U.S. Const. Article III. Section. 2. The
judicial Power shall extend to all Cases, in Law
and Equity, arising under this Constitution, the
Laws of the United States, and Treaties made, or
which shall be made, under their Authority
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28 U.S.C.   1331. - Federal questionThe
district courts shall have original jurisdiction
of all civil actions arising under the
Constitution, laws, or treaties of the United
States.  
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Louisville Nashville RR Co. v. Mottley(US 1908)