of where the cause of action arose. While this interpretation has not been universally acclaimed, see Sell, Annual Survey of Pennsylvania Legal Developments -- Corporations, 46 Pa.Bar Quarterly 300, 311-12 (June 1975), it is controlling in this case. The only remaining question, therefore, is whether MCA can properly be regarded as "doing business" in Pennsylvania within the meaning of the statute and, if so, whether an affirmative answer would be constitutionally permissible.
Cases involving the activities of trade associations and similar entities in this context are not numerous, and, since they arise under differing statutory provisions, provide no sure guidance. MCA relies upon such cases as Sawyer v. Soaring Society of America, Inc., 180 F. Supp. 209 (S.D.N.Y. 1960); Friends of Animals, Inc. v. American Veterinary Medical Assn., 310 F. Supp. 620 (S.D.N.Y. 1970); and Wentling v. Popular Science Publishing Co., 176 F. Supp. 652 (M.D.Pa.1959). The plaintiff argues that these cases are irrelevant, since they involve questions of venue under the antitrust laws. Defendant counters with the argument that the "substantial" test of antitrust venue is analogous to the "continuous and substantial" test of Bork v. Mills, 458 Pa. 228, 329 A.2d 247 (1974). In my view, the cited cases are relevant, but lend little support to MCA's argument, in view of the peculiar characteristics of MCA and similar trade associations.
MCA sponsors research in areas of importance to chemical manufacturing "such as air and water pollution controls, and a special research program in reference to synthetic resins" (Exhibit P-3 attached to plaintiff's answer to MCA's motion); conducts committee studies, workshops and technical symposia; develops recommended procedures for packaging and handling of chemicals; promotes plant safety through incentive programs of annual awards; and furnishes educational materials for high school and college chemistry courses. MCA publishes statistical handbooks, manuals of recommended practice, safety data sheets and guides, etc. Given the emphasis upon education and standard-setting, it is reasonable to conclude that the conduct of symposia and committee studies is an important part of MCA's "business." In this context, the holding of four such meetings in Pennsylvania within a fairly limited period looms in importance in demonstrating continuous and substantial contacts with Pennsylvania.
Moreover, when the nature of MCA's membership is taken into account, the fact that 10 percent of its members are citizens of Pennsylvania is also significant. Unlike a business conducted for profit, and to a greater degree than most non-profit enterprises and professional associations, MCA's "business" was with its members. In a sense, its members were its "customers."
It is clear that MCA has, on more than one occasion, performed an act within the Commonwealth of Pennsylvania for the purpose of attaining an object. While the issue is perhaps not free from doubt, I have concluded that the contacts discussed above are sufficient to preclude a determination that subjecting MCA to in personam jurisdiction in Pennsylvania would violate due process. The motion to dismiss for lack of personal jurisdiction will therefore be denied.
In its motion to dismiss for failure to state a claim upon which relief can be granted, MCA asserts that it owed no legal duty to plaintiff's decedent, and that, in any event, there is no causal connection between the wrongful conduct charged to MCA and the death of plaintiff's decedent. While subsequent developments in the case may establish that MCA is correct in either or both of these contentions, I do not believe the issues can properly be determined on a motion to dismiss. Construing the pleadings in plaintiff's favor, the Complaint can properly be interpreted as asserting a cause of action under § 324 of the Restatement of Torts 2d, which provides:
"One who undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of a third person or his things, is subject to liability to the third person for physical harm resulting from his failure to exercise reasonable care to [perform] his undertaking, if