Marve A. DUBIN, Appellant, v. UNITED STATES of America, Appellee, 380 F.2d 813

Summary

Appellee government filed suit in the United States District Court for the Northern District of Ohio. The Ohio court was unable to obtain personal jurisdiction of appellant taxpayer because he had recently moved to the Southern District of Florida. Appellee filed a motion to transfer the case pursuant to 28 U.S.C.S. § 1406(a), to the United States District Court for the Southern District of Florida. The motion was granted, the case transferred, appellant personally served, and the case tried in the Southern District of Florida. Appellant appeared in the Southern District of Florida and filed a motion to quash service and to retransfer the case to the Northern District of Ohio. The motion was denied. On appeal, the court affirmed the denial, holding that venue was properly laid in the Southern District of Florida because it was the district of appellant's residence. The inability to perfect service of process on appellant was an obstacle to expeditious adjudication under § 1406(a), ...