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U.S. Supreme Court

Polizzi v. Cowles Magazines, Inc., 345 U.S. 663 (1953)

Polizzi v. Cowles Magazines, Inc.

No. 287

Argued March 10, 1953

Decided June 1, 1953

345 U.S. 663


Respondent, an Iowa corporation which publishes a national magazine, maintains no offices in Florida, but sells the magazine to two independent wholesale companies which distribute it to retailers in Florida. Petitioner, a resident of Florida, sued respondent in a Florida state court for allegedly libelous matter published in the magazine. Respondent removed the action to the federal district court for the district in which the state court was located. The district court dismissed the action for want of jurisdiction under 28 U.S.C. § 1391(c).

Held: the district court improperly dismissed the action for want of jurisdiction. The cause is remanded to that court to take jurisdiction of the action and determine whether it acquired jurisdiction of respondent by proper service. Pp. 345 U. S. 664-667.

(a) 28 U.S.C. § 1391(c) is inapplicable to an action which has been removed from a state court to a federal district court, and the question whether respondent was "doing business" in Florida, within the meaning of that section, is irrelevant. Pp. 345 U. S. 665-666.

(b) The venue of removed actions is governed by 28 U.S.C. § 1441(a). Under that section, venue in this case was properly laid. Pp. 345 U. S. 665-666.

197 F.2d 74 reversed.

In a suit brought by petitioner in a state court, and removed by respondent to a federal district court, the district court dismissed the complaint for want of jurisdiction. The Court of Appeals affirmed. 197 F.2d 74. This Court granted certiorari. 344 U.S. 853. Reversed and remanded to the district court, p. 345 U. S. 667.

Page 345 U. S. 664

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