Gene M. Oswalt Et Vir v. Scripto, Inc., Defendant-Third Party v. Tokai-Seiki Kk, a Japanese Corporation, Defendant-Third Party

R. LANIER ANDERSON, Circuit Judge:

The question before us in this diversity case is whether due process will permit the application of the Texas “Long-Arm” Statute to impose personal jurisdiction over Tokai-Seiki, a Japanese corporation. We find personal jurisdiction, and reverse. However, before addressing the merits, we must explain why this appeal is properly before us.

I. Appealability.

None of the parties to this appeal have raised the issue of appealability. Their failure to do so does not preclude this Court from addressing the question; it is well-established that a court may at any…