Tss Sportswear, Limited, Formerly Regency Creations, Limited, a Corporation v. The Swank Shop (Guam) Inc., a Corporation

Good Law
380 F.2d 512·1967 U.S. App. LEXIS 5817
United States Court of Appeals for the Ninth CircuitJune 28, 196721009California6,544 words

Opinion

Opinion

Tavares, J.

This action was brought by plaintiff, TSS Sportswear, Limited (hereinafter sometimes called Sportswear), formerly Regency Creations, Limited (hereinafter called Regency Creations), a Hong Kong corporation, against the defendant, The Swank Shop (Guam), Inc., a Guam corporation (hereinafter called Swank (Guam)). Inasmuch as practically all of the significant events involved herein occurred while plaintiff was known as Re-geney Creations, Limited, we will generally use the name Regency Creations to refer to plaintiff under either name.

From a judgment for the defendant after a non-jury trial, dismissing the action with costs to defendant, the plaintiff has appealed to this Court. Jurisdiction of the District Court of Guam is based on 48 U.S.C. Sec. 1424 . Jurisdiction of this Court over this appeal is based on 28 U.S.C. Secs. 1291 and 1294.

By the original complaint filed on July 1, 1965, plaintiff claimed of defendant, in Count I, $13,912.20 as an alleged balance due it from the defendant by book account between January 31, 1962 and January 17, 1964; in Count II, $2,487.54 as an alleged balance due from defendant to The Swank Shop, Limited, Hong Kong, a Hong Kong Corporation…

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