Blackburn Truck Lines, Inc. v. Raymond J. Francis, an Individual Maria Francis, an Individual Crisp International, Inc., a Georgia Corporation

Good Law
723 F.2d 730·1984 U.S. App. LEXIS 26458
United States Court of Appeals for the Ninth CircuitJanuary 13, 198482-6039California1,173 words

Opinion

Opinion

Sneed, J.

Appellant in 1979 obtained a default judgment in federal district court for interstate freight charges against two now bankrupt corporations, Daddy Crisp, Inc. (Daddy) and Western Crisp, Inc. (Western). These two corporations became bankrupt after the judgments became final. This suit was brought in federal district court prior to the bankruptcy of Daddy and Western in an effort to collect on the earlier judgments from appellees Crisp International, Inc. and Raymond and Maria Francis, the sole owners of all three corporations. Appellant in this suit alleges that International and the Francises are alter egos of Daddy and Western and that Raymond Francis personally committed fraud against the appellant. In due course the district court dismissed this suit for lack of federal jurisdiction on the authority of Thurston Motor Lines, Inc. v. Jordan K. Rand, Ltd., 682 F.2d 811 (9th Cir.1982). That case was reversed by a per curiam opinion of the Supreme Court. See Thurston Motor Lines, Inc. v. Jordan K. Rand, Ltd., - U.S. -, 103 S.Ct. 1343 , 75 L.Ed.2d 260 (1983). We now reverse the dismissal by the district court in this case and remand the case for further proceedings.

I.

Thurston…

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