The opinion of the court was delivered by: Will, District Judge.
The plaintiff, Tatham-Laird & Kudner, Inc. (hereinafter TLK),
an advertising agency, brings this action to recover $78,235.54
allegedly owed to it by the defendant, Johnny's American Inn,
Inc. (hereinafter Johnny's) for services performed pursuant to a
written advertising contract. Jurisdiction is based upon
diversity of citizenship, 28 U.S.C. § 1332; the plaintiff being
a Delaware corporation with its principal place of business in
Chicago, Illinois, while the defendant is a Nebraska corporation
with its principal place of business in Omaha, Nebraska.
The defendant challenges the personal jurisdiction of this
court, moving both to dismiss the instant action and to quash the
issuance and return of summons. In support, the defendant
1. It is a Nebraska corporation;
2. It is not and never has been an Illinois
3. It is not qualified or licensed to do business in
4. It has never appointed or authorized an agent to
accept service of process in any suit in Illinois;
5. It has no employees, offices or real estate in
6. It provides no services to customers residing in
7. It has had any and all orders for goods,
merchandise, and services purchased by it
accepted, shipped or performed solely within the
State of Nebraska.
Based on the foregoing, the defendant argues that it has neither
transacted business nor had sufficient contacts within Illinois
to establish long arm jurisdiction. The facts, however, do not
bear out any such finding and for the reasons set forth
hereinafter, we must deny the defendant's motions.
It has been repeatedly stressed by the Illinois courts that the
legislative intent of the Illinois long arm statute, Chap. 110,
Ill.Rev.Stat., §§ 16 and 17, was the exertion of jurisdiction
over non-residents to the maximum extent permitted by the due
process clause. O'Hare International Bank v. Hampton, 437 F.2d 1173
(7th Cir. 1972); Rosenthal & Company v. Dodick, 365 F. Supp. 847
(N.D.Ill. 1973); Nelson v. Miller, 11 Ill.2d 378,
143 N.E.2d 673 (1957). As set forth in International Shoe Co. v. State of
Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95 (1945), and
its progeny, due process requires that there be sufficient
minimum contacts with the forum state so that the exercise of
jurisdiction over the non-resident be both reasonable and just
according to the traditional concepts of fair play and
substantial justice. Personal jurisdiction thus depends upon the
existence of some voluntary act or conduct which affords the
defendant the benefits and protections of the forum's law. Gray
v. American Radiator & Standard Sanitary Corp., 22 Ill.2d 432,
176 N.E.2d 761 (1961). In Illinois, this does not necessitate the
defendant's actual physical presence in the state, but only that
the transactions have a substantial connection with this forum.
Cook Associates, Inc. v. Colonial Broach & Machine Co.,
14 Ill. App.3d 965, 304 N.E.2d 27 (1973).
Following this meeting, TLK orally agreed to provide the
advertising and marketing services solicited by Swanson. On
October 16, 1968, a letter of confirmation was sent by TLK from
Chicago to Johnson in Omaha, Nebraska, and TLK received a ...