The opinion of the court was delivered by: Will, District Judge.
Plaintiff, a Louisiana not-for-profit corporation, has brought
this libel action against Ed Sanders, a resident of New York who
is author of a book entitled, "The Family — The Story of Charles
Manson's Dune Buggy Attack Battalion," (hereinafter "The Family"
or "the book") and Mr. Sanders' publishing house, E.P. Dutton &
Co., Inc. (hereinafter "Dutton"), a New York corporation with its
principal place of business in New York. Defendants Dutton and
Sanders have moved to dismiss this action on the ground that this
court lacks personal jurisdiction over them, or, in the
alternative, they have moved to transfer this action to the
Southern District of New York pursuant to 28 U.S.C. § 1404(a).
Inasmuch as we find that we have personal jurisdiction over the
defendants and that no valid reasons have been put forth for
transfer, both motions of both defendants will be denied.
Pursuant to Rule 4(d)(7), Fed.R.Civ.P., plaintiff has served
Dutton in accordance with the Illinois long arm statute.
Ill.Rev.Stat. ch. 110, §§ 16 & 17. It argues that Dutton is
amenable to suit in Illinois under the facts of the instant case
and that, therefore, this court has jurisdiction over it.
Plaintiff makes no claim that Dutton is "doing business" in the
traditional sense and would therefore be "present" in the State
for jurisdictional purposes; indeed, such an argument is wholly
Section 17 of chapter 110 of the Illinois Revised Statutes
provides in pertinent part:
(1) Any person, whether or not a citizen or resident
of this State, who in person or through an agent
does any of the acts hereinafter enumerated,
thereby submits such person, and, if an
individual, his personal representative, to the
jurisdiction of the courts of this State as to
any cause of action arising from the doing of any
(a) The transaction of any business within this
(b) The commission of a tortious act within this
(3) Only causes of action arising from acts
enumerated herein may be asserted against a
defendant in an action in which jurisdiction over
him is based upon this Section.
Plaintiff advances the argument that Dutton is amenable to suit
under both §§ 17(1)(a) and (1)(b) — transacting business within
the State and committing a tort within the State respectively.
1. Section 17(1)(a). The relevant facts indicate that Dutton
is a New York corporation with its principal place of business in
New York. It entered into an agreement to publish the allegedly
libelous book "The Family" with defendant Sanders in New York.
All work performed by Dutton on the book — editing, producing,
promoting, and advertising — was performed in New York. Dutton
placed the book on sale at major
bookstores in New York, and thereafter shipped it to various
bookstores throughout the country.
Dutton maintains no office or place of business in Illinois; it
has no director, officer, supervisory or professional employee in
Illinois; it is not qualified to do business in Illinois; it has
no registered agent or person authorized to accept service in the
State; it has no telephone listing in Illinois; it has never
owned or leased any real property within the State; it has never
signed a contract in Illinois, nor made or received any payment
here, nor maintained a bank account here. Since September 1,
1971, Dutton has had a resident salesman in Illinois who solicits
orders which are not binding until they are accepted by Dutton's
New York office.
It is mandatory in order for jurisdiction to be conferred by §
17(1)(a) that the particular cause of action arise from the
transaction of the business that purports to give jurisdiction.
Section 17(3) makes this point doubly explicit. This cause of
action arises from the publishing of the book, "The Family." The
only business that Dutton carries on generally in Illinois is the
solicitation of orders for books. With respect to the book "The
Family," the only business that Dutton transacted was contracting
for the sale of this book with various bookstores and book
purveyors. Libel, ...