VILLAGES, INC.

v.

METROPOLITAN DEVELOPMENT COMMISSION OF MARION COUNTY

Citator

Cited By

• Vernon and Bonnie Rambo v. Am. S. Ins. Co., 839 F.2d 1415 (10th Cir. 1988)
  …s v. 3M Co., 107 F.R.D. 202, 205-06 (D.N.M.1984). Appellate review of district court decisions on questions of jurisdiction was explained in Behagen v. Amateur Basketball Ass’n of the United States, 744 F. 2d 731, 733 (10th Cir.1984), cert. denied, 471 U.S. 1010, 105 S.Ct. 1879, 85 L.Ed.2d 171 (1985): “The plaintiff bears the burden of establishing personal jurisdiction over the defendant. Prior to trial, however, when a motion to dismiss for lack of jurisdiction is decided on the basis of affidavits and o…
• TEN Mile Indus. Park v. W. Plains Serv. Corp., 810 F.2d 1518 (10th Cir. 1987)
  …dismiss for lack of jurisdiction is decided on the basis of affidavits and other written materials, the plaintiff need only make a prima facie showing.” Behagen v. Amateur Basketball Ass’n of U.S.A., 744 F. 2d 731, 733 (10th Cir.1984), cert. denied, 471 U.S. 1010, 105 S.Ct. 1879, 85 L.Ed.2d 171 (1985). In ascertaining the facts necessary to establish jurisdiction, the district court must accept as true the allegations set forth in the complaint to the extent they are uncontroverted by defendant’s affidavits…
• Taylor v. Phelan, 912 F.2d 429 (10th Cir. 1990)
  …in the plaintiff's favor, and the plaintiff’s prima facie showing is sufficient notwithstanding the contrary presentation by the moving party. Behagen v. Amateur Basketball Ass’n, 744 F. 2d 731, 733 (10th Cir.1984) (citations omitted), cert. denied 471 U.S. 1010, 105 S.Ct. 1879, 85 L.Ed.2d 171 (1985). Our task thus becomes to determine from the parties’ affidavits and other written materials whether the plaintiffs have established a prima facie case of minimum contacts with the forum state by each defendant…