Morris Dweck v. Japan Cbm Corporation

Dweck appeals from the dismissal of his action for lack of subject-matter jurisdiction. We affirm.

I.

FACTS AND PROCEEDINGS BELOW

Japan CBM Corp. (CBM), a Japanese corporation, contracted to sell R.G.A. Co. (RGA), a Hong Kong corporation, 20,000 commercial videocassette players for approximately $7,000,000. The contract was never performed. Dweck brings this action for breach of contract, although he was not a party to the contract. He asserts, however, that he was to resell the videocassette players to Dalamal & Sons, Inc., a New York corporation and that he is the assignee of RGA’s interest in the contract. Dweck invokes federal jurisdiction on diversity of citizenship.

Dweck, a United States citizen residing in New York, imports electronic products into the United States from Asia. Dweck asserts that he became “affiliated” with RGA in order to facilitate his business. He claims that he is “neither a shareholder nor a principal” of RGA. RGA was wholly owned by Chu, a Hong Kong resident and business associate of Dweck. They agreed, Dweck asserts, that although all foreign trading would be done in the name of the corporation, each man would receive the profits from…