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National Development Co. v. Triad Holding Corp. & Adnan Khashoggi

United States Court of Appeals for the Second Circuit

930 F.2d 253 (2d Cir. 1991)

Relevant factsFree

National Development Co. (plaintiff) served Adnan Khashoggi (defendant) by leaving a summons and complaint with his maid at his New York City Olympic Tower apartment, where he was actually living at the time; when Khashoggi failed to appear, a default judgment was entered against him, and he moved to vacate it, arguing the Olympic Tower apartment was not his true 'usual place of abode' under Rule 4(e)(2)(B), asserting his Saudi Arabian compound as his real residence -- though he in fact maintained twelve homes worldwide and spent no more than three months a year at the Saudi property. The district court, though finding Olympic Tower was not Khashoggi's primary residence, held service proper because he had actual notice, and Khashoggi appealed.

IssueFree

Whether a person may have more than one residence for the purposes of proper service under Fed. R. Civ. Pro 4(e)(2)(B).

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