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federal marshals could not produce the devil. Gerald Mayo of
Reading, Pa, filed the petition for the injunction against Satan and his staff, and argued Satan violated his constitutional rights by placing irresistible obstacles in his path. Weber said the nearest thing he could find to a precedent was Stephen Vincent Benet's short story 'The Devil and Daniel Webster' where Webster contended Satan was a foreign prince and could not sue in America courts. Although he did not go that far, Weber said Mayo failed to show Satan lives within the court's jurisdiction and that federal marshals were not told how Satan could be summoned.
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PITTSBURGH. A federal judge has refused to order Satan to quit placing temptations before a 22 year old inmate at
Western Penitentiary who claimed the Devil caused his downfall. The devil with it all, said US District Court Judge Gerald J. Weber on Monday when he threw the case out of court because
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by Freer et al. cites it in the third chapter, stating "When the marshal's office does serve process, the plaintiff may be required to instruct the marshal on how to do so. In Mayo v. Satan & his staff, 54 F.R.D. 282 (W.D. Pa. 1971), the court dismissed the case because the plaintiff failed to
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was unclear. While no previous cases had been brought by or against Satan and no official precedent existed, Weber jokingly remarked that there was an "unofficial account of a trial in New
Hampshire where this defendant filed an action of mortgage foreclosure as plaintiff", a reference to the 1936
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in which he alleged that "Satan has on numerous occasions caused plaintiff misery and unwarranted threats, against the will of plaintiff, that Satan has placed deliberate obstacles in his path and has caused plaintiff's downfall" and had therefore "deprived him of his constitutional rights" in
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from arguing a lack of personal jurisdiction. In this context, the court noted that Satan was a foreign prince, but did not have occasion to address whether, if sued as a defendant, he would be able to claim
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suit were met, but he was unable to determine whether Mayo would adequately represent the class and therefore the case could not continue.
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This case is used to teach law students the requirements necessary for the service of process. The textbook
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United States ex rel. Gerald Mayo v. Satan and His Staff, 54 F.R.D. 282 (1971)
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Finally, the judge noted that Mayo had failed to provide directions to the
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Citing the foregoing reasons, the court denied the request to proceed
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render such aid when asking the marshal to serve the devil himself."
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United States
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and his servants. The case's class-action status was dismissed on
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Civil
Procedure Cases, Materials, and Questions 8th Edition
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United States ex rel. Gerald Mayo v. Satan and His Staff
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United States ex rel. Gerald Mayo v. Satan and His Staff
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Civil procedure : cases, materials, and questions
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Weber noted that three of the four requirements for a
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