Polizzi v. Cowles Magazines/Concurrence Burton

Mr. Justice BURTON, concurring in part and dissenting in part.

I agree that the District Court and the Court of Appeals erroneously referred to the wrong venue statute in deciding the question of 'doing business.' Like Mr. Justice BLACK I think it unfortunate that this case must be prolonged by a remand to consider again the same 'doing business' question under another statute. Unlike Mr. Justice BLACK, however, I find nothing in the majority opinion to suggest that the enlightened rationale of our more recent cases such as International Shoe Co. v. State of Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95, has been abandoned or impaired. Nor do I find any hint in the majority opinion that anything in the Constitution or other federal law prohibits the trial of this case in a United States District Court in Florida. My objection is that the majority have not ruled on this question at all.