 Michael Milliron, President of Pierce, a Nevada corporation whose stock was owned in trust for Milliron's children with Milliron's mother as trustee, leased a helicopter from Pierce in January 1990 for six months.  The lease provided that Milliron was solely responsible for maintenance and insurance, and further contained a nonassignment clause.  Milliron then turned the helicopter over to the exclusive use of one McGowan for one year for the purpose of clearing logs in South Carolina in the aftermath of Hurricane Hugo.1  Milliron hired Marshall Cuvillier to operate the helicopter.  In early March 1990, the helicopter crashed and Cuvillier was killed.


3
Cuvillier's estate brought a wrongful death action against Milliron, McGowan, and others.  Pierce was joined as a defendant by amendment to theof Pierce having been sued."


6
The district court further found that the South Carolina courts did have personal jurisdiction over Pierce based on the actions of its agent, Milliron, in South Carolina under South Carolina's long-arm statute.  Although Milliron argued that his actions in South Carolina were personal and unrelated to Pierce's business, the district court found that Milliron had taken a number of actions that, under the lease agreement, he could lawfully take only if he was acting on behalf of Pierce, and further that Pierce itself did actually perform a number of acts in and around South Carolina in relation to the incident.  The district court thus concluded that Milliron was acting as Pierce's agent in South Carolina for purposes of personal jurisdiction.


7
After reviewing the