United States Fifth Circuit

The district court erred in finding that the due diligence requirement of New York's "nail-and-mail" statute was satisfied where the plaintiff class failed to make even a single attempt at personal service at a known in-state residence.

Appellate Information

• Decided 07/01/2005
• Published 07/07/2005

Judges

• JERRY E. SMITH, Circuit Judge:, Before GARWOOD, SMITH and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Sandra Krider (argued), Edwards & George, William David George, The George Law Firm, Houston, TX, for Goetz and McGill., Kurt Howard Kuhn (argued), Virginia Katherine Hoelscher, Brown McCarroll, Austin, TX, for Gittes.