International Corporate Enterprises, Inc. v. Toshoku Ltd.

MEMORANDUM OPINION AND ORDER

WILLIAM M. TAYLOR, Jr., Chief Judge.

Plaintiff, a Texas corporation, filed suit against defendant, a Japanese corporation, on March 14, 1975, alleging breach of a sales contract for caustic soda flakes. Jurisdiction was alleged pursuant to 28 U.S.C. § 1332(a)(2). Plaintiff prayed for actual damages of $70,000 and $112,000 in exemplary damages.

Plaintiff first attempted to have the U. S. Marshal serve defendant by “serving its registered agent for service of process in the United States, Joji Sasoki,” whose address was that of defendant’s United States subsidiary…