Legal Opinion

Sawako Kakuwa and Pacific Ocean Development Co., Inc. v. Adrian C. Sanchez Et Ux.

Court of Appeals for the Ninth Circuit

Decided June 7, 1974No. 73-1782PublishedCited by 5 opinions

1Opinion of the Court

OPINION

SNEED, Circuit Judge:

Counsel for the plaintiff opened his oral argument before this Court by observing that this case is a “mess.” In this he is right, although its condition has been achieved substantially through his own ineptness.

The appeal challenges the dismissal by the district court of Guam of Count II of the Plaintiff’s complaint on its merits pursuant to the authority of Fed.R.Civ. P. 37(d) and 37(b)(2)(C). Count I of the complaint, which consisted of the claim of Sawako Kakuwa in her individual capacity, was dismissed by the district court on October 10, 1972 on the ground…

2Cases cited4 opinions

  1. Societe Internationale Pour Participations Industrielles Et Commerciales, S. A. v. RogersSupreme Court of the United States · 1958
  2. Pioche Mines Consolidated, Inc., Ely Valley Mines, Inc., and John Janney v. Helen Dolman, John Janney v. Helen DolmanCourt of Appeals for the Ninth Circuit · 1964
  3. Charlton v. United StatesCourt of Appeals for the Third Circuit · 1969
  4. Hyam v. American Export Lines, Inc.Court of Appeals for the Second Circuit · 1954

3Cited by5 opinions

  1. Weatherly v. Baptist Medical CenterSupreme Court of Alabama · 1981
  2. In Re Akros Installations, Inc.Court of Appeals for the Ninth Circuit · 1987
  3. Harris v. United StatesCourt of Appeals for the Ninth Circuit · 2005
  4. Akros Installations, Inc. v. Grand National Bank (In re Akros Installations, Inc.)Court of Appeals for the Ninth Circuit · 1987
  5. Weatherly v. Baptist Medical CenterSupreme Court of Alabama · 1981

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