First Nat’l Bank v. United Air Lines, Inc., 342 U.S. 396 (1952)

First Nat’l Bank v. United Air Lines, Inc.


No. 349


Argued January 8, 1952
Decided March 3, 1952
342 U.S. 396

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SEVENTH CIRCUIT

Syllabus

In a suit brought in a federal district court in Illinois, on grounds of diversity of citizenship, to recover under the Utah wrongful death statute for a death which occurred in Utah, an Illinois statute providing that

no action shall be brought or prosecuted in this state to recover damages for a death occurring outside of this state where a right of action for such death exists under the laws of the place where such death occurred and service of process in such suit may be had upon the defendant in such place

held invalid under the Full Faith and Credit Clause of the Federal Constitution and no bar to the suit. Hughes v. Fetter, 341 U.S. 609. Pp. 396-398.

190 F.2d 493, reversed.

Because of Ill.Rev.Stat., c. 70, § 2, a federal district court in Illinois gave judgment for defendant in a suit to recover under the Utah wrongful death statute for a death which occurred in Utah. The Court of Appeals affirmed. 190 F.2d 493. This Court denied certiorari, 341 U.S. 903, but later granted certiorari. 342 U.S. 875. Reversed, p. 398.