FEDERAL PROCEDURE-VENUE-USE OF STATE NONRESIDENT MOTORIST STATUTE TO IMPLY WAIVE

An Illinois corporation brought suit based on diversity of citizenship in a United States district court in Kentucky against a resident of Indiana, alleging a cause of action arising from a collision which occurred on a Kentucky highway. Plaintiff secured personal jurisdiction over defendant by serving process upon the Secretary of State of Kentucky who in tum gave notice to the defendant in accordance with the Kentucky nonresident motorist statute. Defendant entered a special appearance and moved that the case be dismissed on the ground of improper venue. The motion was overruled and the Court of Appeals for the Sixth Circuit affirmed.

On certiorari the United States Supreme Court held, reversed, Justices Reed and Minton dissenting. Implied appointment of an agent for service of process under a nonresident motorist statute does not waive the privilege of venue conferred by federal statute. Olberding v. Illinois Central R. Co., 346 U.S. 338, 74 S.Ct. 83 (1953).