Gau Shan Company, Ltd. v. Bankers Trust Company
Court of Appeals for the Sixth Circuit
1Opinion of the Court
RYAN, Circuit Judge.
This is an appeal from a preliminary injunction enjoining defendant Bankers Trust Company, an American corporation, from filing a lawsuit in Hong Kong against plaintiff Gau Shan Company, a Hong Kong corporation. The issue for decision is whether the district court offended principles of international comity in issuing its preliminary injunction.
We conclude that the lower court misinterpreted the relevant principles of international comity and, as a result, abused its discretion in restraining Bankers Trust from prosecuting the foreign action. Therefore, we reverse.
I
Gau…
2Cases cited8 opinions
- The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
- Laker Airways Ltd. v. Sabena, Belgian World AirlinesCourt of Appeals for the D.C. Circuit · 1984
- Southern Construction Co. v. PickardSupreme Court of the United States · 1962
- Seattle Totems Hockey Club, Inc., Eldred W. Barnes and Vincent H. D. Abbey v. The National Hockey League, Northwest Sports Enterprises, Ltd.Court of Appeals for the Ninth Circuit · 1981
- Sea Containers Ltd. v. Stena AbCourt of Appeals for the D.C. Circuit · 1989
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