The transaction of any acts, business, or activities within the state of Minnesota by any officer, agent, representative, employee, or member of any union or other groups or associations having officers, agents, members, or property without the state on behalf of the union or other groups or associations or any of its members or affiliated local unions shall be deemed an appointment by the union or other groups or associations of the secretary of state of the state of Minnesota to be the true and lawful attorney of the union or other groups or associations, upon whom may be served all legal processes or notices in any action or proceeding against or involving the union or other groups or associations growing out of any acts, business or activities within the state of Minnesota resulting in damage or loss to person or property or giving rise to any cause of action under the laws of the state of Minnesota or to any matters or proceedings arising under the Minnesota Labor Relations Act. Such acts, business, or activities shall be a signification of the agreement of the union or other groups or associations and its members that any process or notice in any action, matter, or proceeding against or involving it, which is so served, shall be of the same legal force and validity as if served upon the union or other groups or associations and its members personally. Service of process or notice shall be made according to section 5.25. The service shall be sufficient service upon the union or other groups or associations and its members.
Notes of Decisions
State v. Ritholz, 100 N.W.2d 722 (Minn. 1960).
· cites it 8× “Defendant partnership moved the court for an order quashing and setting aside this service on the ground that such service under § 540.152 was void and of no effect since § 540.”
Antiel v. V.W.E. Investments, 353 N.W.2d 681 (Minn. Ct. App. 1984).
· cites it 6× “They were served pursuant to Minn.Stat. § 540.152 (1982) by plaintiffs 1) leaving a copy of the summons and complaint with the Secretary of State, 2) mailing defendants copies of the summons and complaint, and 3) personally serving in Minnesota Paul Vorwerk as agent for V.”
Fourth Nw. Nat'l Bank v. Hilson Indus., Inc., 117 N.W.2d 732 (Minn. 1962).
“The Atkins, Adamek, and Brooks cases were all tort actions, the last involving a claim against a nonresident labor union which we found was subject to our jurisdiction under § 540.152. We believe it is significant that the Beck, Adamek, and Paulos cases all resulted in the…”
Danov v. ABC Freight Forwarding Corp., 122 N.W.2d 776 (Minn. 1963).
· cites it 7× “ne of the individual defendants were at any time within the state; (2) none of the assets of the trust relative to which this action was instituted were at any time within the state; (3) at no time has there been that minimal contact with plaintiff or other residents of…”
Minnesota Wood Specialties, Inc. v. George S. May Co., 117 F. Supp. 601 (D. Minn. 1954).
· cites it 6× “Service was made by leaving a copy of the summons with the Secretary of State of the State of Minnesota, as provided by 32 Minnesota Statutes Annotated, § 540.152. Defendant contends that the only means provided for the purpose of effecting the service in the instant case is…”
Casperson v. Bd. of Regents of Univ. of Minnesota, 137 N.W.2d 194 (Minn. 1965).
· cites it 4× “As a further basis for substituted service on NCAA under § 540.152, plaintiffs point to activities of NCAA itself within Minnesota and activities of the University of Minnesota on behalf of the NCAA.”
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