Clyde Philp v. Sam MacRi Pauline MacRi Joseph MacRi Eleanor MacRi Don R. MacRi Kathleen N. MacRi Herman Howe and Viola B. Howe

This appeal is taken from an order of the District Court, Western District of Washington, dismissing Appellant’s complaint for insufficiency.

Jurisdiction of the District Court is based on diversity of citizenship. Jurisdiction of this Court rests on 28 U.S.C. §§ 1291 and 1294.

Appellant (Clyde Philp) alleged three separate causes of action, and all three were dismissed. Appeal is taken only from the dismissal of the first and third causes of action.

In the first cause of action, Appellant seeks an injunction to restrain the Ap-pellees, hereinafter Macri, from proceeding in the Peruvian Courts to enforce a judgment previously obtained against Appellant in a District Court of the United States.

The complaint alleges that Philp (Appellant) is now a resident of Peru, but that the judgment sought to be enforced against him arose out of a certain construction project agreed to be undertaken by a joint venture in Washington in 1944. The joint venturers consisted of Philp and a business partner — one Goerig — as the first parties, and certain of the Ap-pellees as the second parties.

The joint venturers (known as Macri & Co.) contracted with the United States to perform certain…