O.S.C. Corporation and O.S.C. Corporation of California v. Toshiba America, Inc. And Tokyo Shibaura Electric Co., Ltd.
Opinion
Opinion
This is an appeal from an order of the District Court dismissing appellants’ claim against one defendant, Tokyo Shibaura Electric Co., Ltd., pursuant to Rule 12 of the Federal Rules of Civil Procedure, on grounds of improper venue and lack of personal jurisdiction in the District Court.
Appellants, O. S. C. Corporation and O. S. C. Corporation of California, have their principal place of business in Los Angeles, California. O .S. C. Corporation acts as a purchasing company and O. S. C. Corporation of California acts as a sales company. Appellants brought an antitrust action against Toshiba America, Inc. (hereinafter “Toshiba”) and the sole appellee, Tokyo Shibaura Electric Co., Ltd. (hereinafter “Tokyo Shibaura”) seeking damages, injunctive relief, forfeiture of inventory and a count for breach of contract. (R 1-11).
Toshiba is a New York corporation, with its principal place of business in New York City, which has branch offices and warehouses in Chicago, Illinois and Los Angeles, California. Toshiba is a wholly-owned subsidiary of appellee, Tokyo Shibaura. Toshiba sells electronic desk calculators at wholesale. These calculators are made in Japan.