Randazzo v. Eagle-Picher Industries, Inc.

117 F.R.D. 557 (E.D. Pa. 1987)

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Nature of the Case

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Facts

Randazzo (P) filed an asbestosis action against Eagle (D), Bevco (D1), and C.E. Refracories (D2). The complaint alleged that D1 was domiciled in Pennsylvania but did not allege the state of incorporation nor did it allege D1’s principal place of business. P only alleged that D1 is organized to do business, and domiciled in Pennsylvania. P also alleged that D2 had a registered office in state, but there was no allegation that this office was its principal place of business. Ds moved to dismiss for lack of jurisdiction. The judge dismissed but granted leave to amend. An identical complaint was filed again. Ds once again moved to dismiss.