Legal Opinion · Dissent

Water West, Inc., a Nevada Corporation v. Entek Corporation, a Texas Corporation, and James Edward Turner

Court of Appeals for the Ninth Circuit

Decided April 29, 1986No. 84-5513Published

1DissentPoole, Circuit Judge

I respectfully dissent, believing that sufficient contact existed to justify venue in the Southern District of California.

Water West relies upon the April 1983 sale of approximately 1,000 feet of Leaky Pipe to Joseph Fleming, an Imperial Valley farmer, for a price of $300.00. The Imperial Valley is located in the Southern District. Fleming read about Leaky Pipe in a full page advertisement in “Drip/Trickle Irrigation” magazine. To obtain additional information, Fleming contacted Entek, which was identified in the ad as the manufacturer of the pipe, at its Texas address. After several…

2Cases cited9 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Bennie Imogene Dunn v. Trans World Airlines, Inc.Court of Appeals for the Ninth Circuit · 1979
  3. Fowler v. Pennsylvania Tire Co.Court of Appeals for the Fifth Circuit · 1964
  4. Porter v. HermannCalifornia Supreme Court · 1857
  5. Miniature Vehicle Leasing Corp. v. United StatesDistrict Court, D. New Jersey · 1967

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