Lakeside Bridge & Steel Co. v. Mountain State Constr. Co., Inc, 445 U.S. 907 (1980). · Go Syfert
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Lakeside Bridge & Steel Co. v. Mountain State Constr. Co., Inc, 445 U.S. 907 (1980). Cases Citing This Book View Copy Cite
“use of the interstate telephone and mail service to communicate with a wisconsin plaintiff, if constituting contacts supporting jurisdiction, would give jurisdiction to any state into which communications were directed.”
155 citation events (7 in the last 25 years) across 39 distinct courts.
Strongest positive: Cauff Lippman & Co. v. Apogee Finance Group, Inc. (flsd, 1990-09-05) · Strongest negative: Catalano v. LEASE & RENTAL MGT. (njsuperctappdiv, 1991-09-26)
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980 2003 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
cited Cited "but see" Catalano v. LEASE & RENTAL MGT.
N.J. Super. Ct. App. Div. · 1991 · signal: but see · confidence high
But see Lakeside Bridge & Steel Co. v. Mountain State Construction Co., 597 F. 2d 596, 600 (7 Cir.1979) cert. den. 445 U.S. 907 , 100 S.Ct. 1087 , 63 L.Ed. 2d 325 (1980).
cited Cited "but see" Rosenberg v. Coqui, Inc.
Fla. Dist. Ct. App. · 1985 · signal: but see · confidence high
But see Lakeside Bridge & Steel v. Mountain State Construction Co., 597 F.2d 596 (7th Cir.1979), cert. denied, 445 U.S. 907 , 100 S.Ct. 1087 , 63 L.Ed.2d 325 (1980).
discussed Cited "but see" Cincinnati Milacron Industries, Inc. v. Aqua Dyne, Inc.
S.D. Ohio · 1984 · signal: but see · confidence high
But see Lakeside Bridge & Steel Co. v. Mountain State Construction Co., 445 U.S. 907, 909 , 100 S.Ct. 1087, 1088 , 63 L.Ed.2d 325 (1980) (dissenting opinion) (“the question of personal jurisdiction over a nonresident corporate defendant based on contractual dealings with a resident plain *1117 tiff has deeply divided the federal and state courts.”).
discussed Cited "but see" Burger King Corporation, a Florida Corporation v. Brian MacShara John Rudzewicz (2×)
11th Cir. · 1984 · signal: but see · confidence high
But see Lakeside Bridge & Steel v. Mountain State Construction Co., 597 F.2d 596 (7th Cir.1979), cert. denied, 445 U.S. 907 , 100 S.Ct. 1087 , 63 L.Ed.2d 325 (1980).
examined Cited as authority (quoted) Cauff Lippman & Co. v. Apogee Finance Group, Inc.
S.D. Fla. · 1990 · quote attribution · 1 verbatim quote · confidence low
use of the interstate telephone and mail service to communicate with a wisconsin plaintiff, if constituting contacts supporting jurisdiction, would give jurisdiction to any state into which communications were directed.
discussed Cited "see" Federated Rural Electric Insurance Corp. v. Inland Power and Light Co.
7th Cir. · 1994 · signal: see · confidence high
See Lakeside Bridge & Steel Co. v. Mountain State Construction Co., 597 F.2d 596 , 602 n. 11 (7th Cir.1979), cert. denied, 445 U.S. 907 , 100 S.Ct. 1087 , 63 L.Ed.2d 325 (1980) (declining to exercise jurisdiction over the defendant and stating that Wisconsin courts have a lesser interest in protecting Wisconsin residents in disputes not involving dangers to persons or things within the state’s borders).
discussed Cited "see" Mid-States Mortgage Corp. v. Louie
E.D. Wis. · 1993 · signal: see · confidence high
See Lakeside Bridge & Steel v. Mountain State Const., 597 F.2d 596, 604 (7th Cir.1979), cert. denied, 445 U.S. 907 , 100 S.Ct. 1087 , 68 L.Ed.2d 325 (1980) (holding a nonresident defendant’s mere acceptance of a Wisconsin plaintiff’s offer for the sale of goods, along with related exchanges of letters and telephone calls, was not sufficient to confer personal jurisdiction over the defendant in a Wisconsin court, even though the defendant knew the products at issue would be manufactured in Wisconsin).
discussed Cited "see" Gehling v. St. George's School of Medicine, Ltd.
3rd Cir. · 1985 · signal: see · confidence high
See Lakeside Bridge & Steel Co. v. Mountain State Construction Co., 597 F.2d 596 (7th Cir.1979), cert. denied 445 U.S. 907 , 100 S.Ct. 1087 , 63 L.Ed.2d 325 (1980) (mailing of contract acceptance to plaintiff in Wisconsin insufficient to establish in personam jurisdiction in that state over defendant in suit for contract purchase price even though plaintiff’s performance was to occur in Wisconsin).
discussed Cited "see" Gehling v. St. George's School of Medicine, Ltd
3rd Cir. · 1985 · signal: see · confidence high
See Lakeside Bridge & Steel Co. v. Mountain State Construction Co., 597 F.2d 596 (7th Cir.1979), cert. denied 445 U.S. 907 , 100 S.Ct. 1087 , 63 L.Ed.2d 325 (1980) (mailing of contract acceptance to plaintiff in Wisconsin insufficient to establish in personam jurisdiction in that state over defendant in suit for contract purchase price even though plaintiff's performance was to occur in Wisconsin). 20 We reach the opposite conclusion with regard to appellants' second, allegedly forum related, cause of action.
cited Cited "see" Sola Basic Industries, Inc. v. Parke County Rural Electric Membership Corp.
N.C. Ct. App. · 1984 · signal: see · confidence high
See Lakeside Bridge & Steel v. Mountain State Const., 597 F. 2d 596 (7th Cir. 1979), cert. denied, 445 U.S. 907 (1980) (cases collected).
cited Cited "see" Freedom Forge Corp. v. Jersey Forging Works, Inc.
M.D. Penn. · 1982 · signal: see · confidence high
See 445 U.S. at 907-11 ,100 S.Ct. at 1087-1089 (Justice White dissenting).
discussed Cited "see" Tm Productions, Inc. v. Blue Mountain Broadcasting Co. (2×)
Tex. App. · 1981 · signal: see · confidence high
Sun-X International Co. v. Witt, 413 S.W.2d 761, 767 (Tex.Civ.App.— Texarkana 1967, writ ref’d n.r.e.); see Lakeside Bridge & Steel Co. v. Mountain State Construction Co., Inc., 597 F.2d 596, 604 (7th Cir. 1979), cert. denied 445 U.S. 907 , 100 S.Ct. 1087 , 63 L.Ed.2d 325 (1980).
discussed Cited "see, e.g." Maglio & Kendro v. Superior Enerquip (2×)
N.J. Super. Ct. App. Div. · 1989 · signal: compare · confidence low
Compare, e.g., Lakeside Bridge & Steel Co. v. Mountain State Construction Co., 597 F. 2d 596 (7th Cir.1979), cert. denied, 445 U.S. 907 , 100 S.Ct. 1087 , 63 L.Ed. 2d 325 (1980) with Madison Consulting Group v. State of South Carolina, 752 F. 2d 1193 , 1202-1204 (7th Cir.1985) and Alchemie International Inc. v. Metal World, Inc., 523 F. Supp. 1039, 1047-1048 (D.N.J. 1981).
discussed Cited "see, e.g." Colmen Financial Services v. Charter Equipment Leasing Corp.
E.D. Pa. · 1989 · signal: see also · confidence low
Id., at 65 ; see also Devault of Delaware v. Omaha Public Power District, 633 F.Supp. 374, 377 (E.D.Pa.1986) (“Although the defendant in a sense caused the activity in Pennsylvania by placing the order, the contract between the parties left the plaintiff in absolute control over where it would conduct that activity, and it made this decision and conducted the activity unilaterally.”), citing Lakeside Bridge and Steel v. Mountain State Construction Co., Inc., 597 F.2d 596, 603 (7th Cir.1979), cert. denied 445 U.S. 907 , 100 S.Ct. 1087 , 63 L.Ed.2d 325 (1980).
discussed Cited "see, e.g." Mountaire Feeds, Inc. v. Agro Impex, S. A., a Panamanian Corporation
8th Cir. · 1982 · signal: see also · confidence low
Compare Aaron Ferer & Sons Co. v. American Compressed Steel Co., 564 F.2d at 1211, with Electro-Craft Corp. v. Maxwell Electronics Corp., 417 F.2d 365 ; see also Lakeside Bridge & Steel Co. v. Mountain State Construction Co., 445 U.S. 907, 909-10 , 100 S.Ct. 1087, 1089 , 63 L.Ed.2d 325 (1980) (White, J., dissenting from order denying writ of certiorari) (listing of conflicting positions of state and federal courts); Lakeside, 597 F.2d at 601 -02 n.9.
Retrieving the full opinion text from the archive…
Lakeside Bridge & Steel Co.
v.
Mountain State Construction Co., Inc.
79- 376.
Supreme Court of the United States.
Feb 25, 1980.
445 U.S. 907
White, Powell.
Cited by 25 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 66%
Citer courts: S.D. Florida (1)
Reporter's Syllabus — editorial summary, not part of the Court's opinion

On petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit.

The petition for a writ of certiorari is denied.

Mr. Justice WHITE, with whom Mr. Justice POWELL joins, dissenting.

Lead Opinion

C. A. 7th Cir. Certiorari denied.

Dissent

Mr. Justice White, with whom Mr. Justice Powell joins,

dissenting.

I dissent from the denial of the petition for certiorari.

Petitioner, a Wisconsin corporation with its place of business in Milwaukee, Wis., contracted with respondent, a West[*908] Virginia corporation with its principal place of business in Charleston, W. Va., to sell structural assemblies for incorporation by respondent into the outlet works of a dam and reservoir in Virginia. Aside from the contacts arising from the negotiation, execution, and performance of this contract, respondent has never had any connection with the State of Wisconsin. Petitioner’s agent initiated the negotiations by visiting respondent’s offices in West Virginia and delivering a quotation. The quotation provided that “[a]ny order arising out of this proposal ... is subject to home office acceptance at Milwaukee, Wisconsin.” Respondent then mailed petitioner its purchase order referring to petitioner’s quotation. Petitioner signed the purchase order in Milwaukee and returned it to respondent together with a proposed modification, which became part of the contract when respondent treated the modified order as effective. During the course of their negotiations both parties initiated other communications between their respective offices either by telephone or by mail.

The contract provided that the goods were to be shipped “F. O. B. SELLERS [sic] PLANT MILWAUKEE, WISCONSIN with freight allowed to rail siding nearest project site,” and stated that Wisconsin law would govern the transaction. According to petitioner, Pet. for Cert. 4, the total contract price was $1,281,750.00. Petitioner proceeded to manufacture the goods at its plant in Wisconsin and ship them to the project site in Virginia. Respondent asserted that some of the goods were defective and withheld part of the purchase price.

Petitioner thereupon filed the present action in a Wisconsin state court to recover the unpaid balance on the contract. It alleged personal jurisdiction under Wisconsin’s long-arm statute, Wis. Stat. §§ 801.05, 801.11 (1975), which has been interpreted to reach as far as due process will allow, Flambeau Plastics Corp. v. King Bee Mfg. Co., 24 Wis. 2d 459, 464, 129 N. W. 2d 237, 240 (1964). Respondent removed the case[*909] to the United States District Court for the Eastern District of Wisconsin. It there filed a motion to dismiss for lack of personal jurisdiction or, in the alternative, to transfer the case to a federal district court in Virginia or West Virginia. The court denied the motion and entered summary judgment for petitioner on the merits.

The Court of Appeals for the Seventh Circuit reversed, 597 F. 2d 596 (1979), holding that respondent’s contacts with the Wisconsin forum were not sufficient to satisfy the “minimum contacts” test of International Shoe Co. v. Washington, 326 U. S. 310, 316 (1945). The court found that the contacts with the forum consisted solely of “unilateral activity of [one] who claim [s] some relationship with a nonresident defendant” of the type found insufficient to sustain personal jurisdiction in Hanson v. Denckla, 357 U. S. 235, 253 (1958). Although respondent ordered the goods from a Wisconsin corporation with knowledge that they were likely to be manufactured in Wisconsin, respondent did not thereby “purposefully avai[l] itself of the privilege of conducting activities within the forum State,” ibid., since the contract left petitioner with absolute discretion as to where the goods would be manufactured. Nor did the Court of Appeals find the requisite minimum contacts in (a) the contract provision requiring shipment f. o. b. petitioner’s plant in Milwaukee, (b) respondent’s use of interstate telephone and mail services to communicate with petitioner in Wisconsin, or (c) respondent’s sending the purchase order to Wisconsin. The Court of Appeals therefore remanded the case to the District Court with directions to vacate the judgment and either dismiss the case or transfer it to another district.

As the Court of Appeals noted, 597 F. 2d, at 601, the question of personal jurisdiction over a nonresident corporate defendant based on contractual dealings with a resident plaintiff has deeply divided the federal and state courts. Cases arguably in conflict with the decision below include: Pedi Bares, Inc. v. P & C Food Markets, Inc., 567 F. 2d 933 (CA10[*910] 1977); United States Railway Equipment Co. v. Port Huron & Detroit R. Co., 495 F. 2d 1127 (CA7 1974); Product Promotions, Inc. v. Cousteau, 495 F. 2d 483, 494-499 (CA5 1974); Ajax Realty Corp. v. J. F. Zook, Inc., 493 F. 2d 818 (CA4 1972), cert. denied sub nom. Durell Products, Inc. v. Ajax Realty Corp., 411 U. S. 966 (1973); In-Flight Devices Corp. v. Van Dusen Air, Inc., 466 F. 2d 220 (CA6 1972); O’Hare Int’l Bank v. Hampton, 437 F. 2d 1173 (CA7 1971); Electro-Craft Corp. v. Maxwell Electronics Corp., 417 F. 2d 365 (CA8 1969); Manufacturers’ Lease Plans, Inc. v. Alverson Draughon College, 115 Ariz. 358, 565 P. 2d 864 (1977) (en banc); Colony Press, Inc. v. Fleeman, 17 Ill. App. 3d 14, 308 N. E. 2d 78 (1974); Miller v. Glendale Equipment & Supply, Inc., 344 So. 2d 736 (Miss. 1977); McIntosh v. Navaro Seed Co., 81 N. M. 302, 466 P. 2d 868 (1970); State ex rel. White Lumber Sales, Inc. v. Sulmonetti, 252 Ore. 121, 448 P. 2d 571 (1968) (en banc); Proctor & Schwartz, Inc. v. Cleveland Lumber Co., 228 Pa. Super. 12, 323 A. 2d 11 (1974); Zerbel v. H. L. Federman & Co., 48 Wis. 2d 54, 179 N. W. 2d 872 (1970), appeal dism’d, 402 U. S. 902 (1971). Cases arguably supporting the decision below include: Republic Int’l Corp. v. Amco Engineers, Inc., 516 F. 2d 161, 167 (CA9 1975) (dictum); Whittaker Corp. v. United Aircraft Corp., 482 F. 2d 1079, 1084-1085 (CA1 1973) (construing state law); E. R. Callender Printing Co. v. District Court, 182 Colo. 25, 510 P. 2d 889 (1973) (en banc) (construing state law); Rath Packing Co. v. Intercontinental Meat Traders, Inc., 181 N. W. 2d 184 (Iowa 1970); O. N. Jonas Co. v. B & P Sales Corp., 232 Ga. 256, 206 S. E. 2d 437 (1974) (construing state law); Marshall Egg Transport Co. v. Bender-Goodman Co., 275 Minn. 534, 148 N. W. 2d 161 (1967) (construing state law); Conn v. Whitmore, 9 Utah 2d 250, 342 P. 2d 871 (1959) (construing state law); Sun-X Int’l Co. v. Witt, 413 S. W. 2d 761 (Tex. Civ. App. 1967). The question at issue is one of considerable importance to contractual dealings between purchasers and sellers located in[*911] different States. The disarray among federal and state courts noted above may well have a disruptive effect on commercial relations in which certainty of result is a prime objective. That disarray also strongly suggests that prior decisions of this Court offer no clear guidance on the question. I would grant the petition in order to address this important problem.