# William E. Oyler v. National Guard Association of the United States

> Court of Appeals for the Seventh Circuit · September 10, 1984 · 743 F.2d 545

URL: https://www.frixlaw.com/law-library/cases/9472603

## Case

- **Full name:** William E. OYLER, Plaintiff-Appellant, v. NATIONAL GUARD ASSOCIATION OF the UNITED STATES, Et Al., Defendants-Appellees
- **Court:** Court of Appeals for the Seventh Circuit
- **Decided:** September 10, 1984
- **Citations:** 743 F.2d 545; 39 Fed. R. Serv. 2d 1372; 1984 U.S. App. LEXIS 18769
- **Precedential status:** Published
- **Opinion:** Concurrence by Fairchild
- **Judges:** Fairchild, Pell, Coffey
- **Cited by:** 20 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9472603

## How later opinions describe it (automated extraction)

- noting that Illinois state immunity is not as broad as federal immunity, in part because Illinois provides immunity "for discretionary acts taken within the scope of [state officials'] duty," inferring that federal immunity extends to both discretionary and mandatory acts
- rejecting this argument as it would "obviously constitute an unwarranted interference by this court with the substantive law of [a state]."

## Opinion text

FAIRCHILD, Senior Circuit Judge,
concurring.
I concur in all respects except as to the quashing of service of process to the individual defendants McCadden, Higgins, Fry, Miller, Greenlief, and Goodrich. I agree that the trial court’s order to quash should be upheld. However, I would do so on the basis that service by mail was ineffective. The local district court “standing order on service” purporting to authorize service by certified or registered mail was inconsistent with F.R.Civ.P. Rule 4(d)(1) which requires personal service and was therefore invalid.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9472603. Public record. Not legal advice.