Linda Scher v. F.J. Bloomingdale, Aka: Francis Joseph Bloomingdale Mary Ellen Bloomingdale

978 F.2d 716 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Linda SCHER, Plaintiff-Appellant v. F.J. BLOOMINGDALE, aka: Francis Joseph Bloomingdale; Mary Ellen Bloomingdale Defendants-Appellees. No. 91-55941. United States Court of Appeals, Ninth Circuit. Submitted Oct. 9, 1992. * Decided Oct. 28, 1992. Before FARRIS, LEAVY and TROTT, Circuit Judges. 1 MEMORANDUM ** OVERVIEW 2 Linda Scher appeals the district court's dismissal of her action alleging that Francis Joseph Bloomingdale and Mary Ellen Bloomingdale breached a contract for the sale of Scher's leasehold interest in property located in Mexico. We affirm in part, reverse in part, and remand. JURISDICTION 3 The district court had subject matter jurisdiction pursuant to 28 U.S.C. § 1332 (a). We have jurisdiction over the timely appeal pursuant to 28 U.S.C. § 1291 . ISSUES 4 (1) Whether the district court erred in dismissing Scher's action on grounds of comity to a foreign court when the proceeding before…