dissenting.
As this Court recently stressed in a decision affirming a district court's dismissal of a suit for lack of personal jurisdiction,
A court may exercise personal jurisdiction only if there is “some act by which the defendant purposefully avails itself of the privilege of conducting activities within the forum State,” Hanson v. Denckla, 357 U.S. 235, 253, 78 S.Ct. 1228, 1239-40, 2 L.Ed.2d 1283 (1958), and the acts must be of a nature such that the defendant should “reasonably anticipate being haled into court there,” World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 297, 100 S.Ct. 559, 567, 62 L.Ed.2d 490 (1980).
Newhard, Cook & Co. v. Inspired Life Centers, Inc., 895 F.2d 1226, 1228 (8th Cir.1990). This decision also stressed the fundamental principle of due process requiring “that a defendant not be haled into a jurisdiction solely as a result of attenuated contacts.” Id. at 1229. And the Court reiterated that “ ‘it is essential in each case that there be some act by which the defendant purposely avails itself of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws.’ ” Id. at 1230 (quoting Hanson v. Denckla, 357 U.S. 235, 253, 78 S.Ct. 1228, 1240, 2 L.Ed.2d 1283 (1958)).
The act upon which our Court hangs jurisdiction in the present case is Turbines’ attempted delivery of an aircraft engine at Papachristou’s place of business in Arkansas. Our Court previously has recognized, however, that “the provision for delivery within the forum state [is a] secondary or ancillary factor[ ] and cannot alone provide the ‘minimum contacts’ required by due process.” Scullin Steel Co. v. National Ry. Utilization Corp., 676 F.2d 309, 314 (8th Cir.1982). Here, Turbines did not solicit Papachristou’s business in Arkansas, but rather in Texas. Turbines did not enter into its agreement with Papachristou, or conduct any negotiations, in Arkansas. Turbines did not agree to be bound by, nor did it seek the benefits and protections of, the laws of Arkansas. Its sole contact with Arkansas was the attempted delivery of the aircraft engine to Papachristou’s place of business in Arkansas, and this delivery was undertaken only because Pa-pachristou’s place of business was directly along the route Turbines’ employee would take in driving from Texas to Turbines’ place of business in Indiana. On these undisputed facts, I agree with the District Court that this sole contact with Arkansas was insufficient either to show that Turbines purposefully availed itself of the privilege of conducting activities in Arkansas or to provide the minimum contacts with the forum state required by the due process clause.
My view of the case is set forth more fully in the panel opinion. See Papachristou v. Turbines Inc., 884 F.2d 1116 (8th Cir.), reh’g en banc granted, 892 F.2d 1327 (1989). For the reasons there stated and here sketched, I would affirm the judgment of the District Court dismissing this case for lack of personal jurisdiction.