Legal Opinion

Marshall Exports, Inc. v. C. A. Phillips, D/B/A Phillips Hardwood Sales Co., and Takashimaya Co., Ltd.

Court of Appeals for the Fourth Circuit

Decided December 3, 1974No. 74-1362PublishedCited by 12 opinions

1Opinion of the Court

ALBERT V. BRYAN, Senior Circuit Judge:

With diversity of citizenship undisputed, the controversy in this contract action is on whether personal jurisdiction was ever obtained over the nonresident defendant foreign corporation. The District Court dismissed for want of such jurisdiction.

On February 23, 1973 in the State court, Marshall Exports, Inc. of North Carolina sued C. A. Phillips, a resident of Mississippi, and Takashimaya Company, Ltd., a Japanese corporation, for damages of several million dollars alleged as suffered from the breach by the defendants of two lumber purchase agreements.…

2Cases cited4 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  3. Roberts v. LewisSupreme Court of the United States · 1892
  4. Marshall Exports, Inc. v. PhillipsDistrict Court, E.D. North Carolina · 1974

3Cited by12 opinions

  1. J. M. Thompson Co. v. Doral Manufacturing Co.Court of Appeals of North Carolina · 1985
  2. DiCesare-Engler Productions, Inc. v. Mainman Ltd.District Court, W.D. Pennsylvania · 1979
  3. Estelle W. Sligh v. John DoeCourt of Appeals for the Fourth Circuit · 1979
  4. Occidental Fire & Casualty Co. v. Continental Illinois National Bank & Trust Co.District Court, E.D. North Carolina · 1988
  5. Joyner v. Abbott LaboratoriesDistrict Court, E.D. North Carolina · 1987

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