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Robertson v. Railroad Labor Board, 268 U.S. 619 (1925)

Robertson v. Railroad Labor Board

No. 739

Argued March 17, 18, 1925

Decided June 8, 1925

268 U.S. 619


1. Section 310, par. b, of the Transportation Act, 1920, which provides that the Railroad Labor Board, in case of failure to comply with its subpoena to testify, may invoke the aid of "any United States district court," and that such court may thereupon order the witness to comply with the subpoena, etc., is to be construed consistently with the general rule limiting jurisdiction of a district court in personam (as distinguished from venue) to the district of which the defendant is an inhabitant or in which he can be found. P. 268 U. S. 622.

2. Hence, a district court, in a suit brought by the Board to compel attendance of a witness, does not acquire jurisdiction over his person by service of its process in another district even though that of the witness' residence. Id.

3 F.2d 488 reversed.

Page 268 U. S. 620

Jurisdictional appeal from a decree of the district court overruling a motion to quash service of original process in a suit brought by the Railroad Labor Board to require the defendant to appear before it as a witness, and ordering him so to appear and to testify.

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