4. According to the territorial principle identified in Pennoyer, does defendant’s length of time in the forum state affect the court’s power to assert in personam jurisdiction? Does the reason for the person’s presence in the forum affect your answer to this question? In GRACE v. MACARTHUR, 170 F.Supp. 442 (E.D. Ark. 1959), defendant was served aboard a commercial flight from Tennessee to Texas when the plane was in air space over Arkansas.

The federal district court in Arkansas refused to quash the summons, holding that defendant was within the territorial limits of the state and so amenable to suit if properly served. The Supreme Court has reaffirmed the continuing vitality of this traditional basis of personal jurisdiction. See Burnham v. Superior Court of California, p. 180, infra.