MICHAEL E. SPIESS, JACK K. HARDY, AND BENJAMIN F. ROUNTREE, PLAINTIFFS-APPELLEES,
v.
C. ITOH & COMPANY (AMERICA), INC., DEFENDANT-APPELLANT
MICHAEL E. SPIESS, JACK K. HARDY, AND BENJAMIN F. ROUNTREE, PLAINTIFFS-APPELLEES,
C. ITOH & COMPANY (AMERICA), INC., DEFENDANT-APPELLANT
687 F.2d 129
Court of Appeals for the Fifth Circuit (1982)
Positive Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM:
On June 21, 1982, the Supreme Court, - U.S. -, 102 S.Ct. 2951, 73 L.Ed.2d 1344, vacated the judgment of this court rendered April 24, 1981, 643 F. 2d 353 (5th Cir. 1981), and remanded this cause to this court for further consideration in light of Sumitomo Shoji America, Inc. v. Avagliano, 457 U.S. -, 102 S.Ct. 2374, 72 L.Ed.2d 765 (1982). The appeal was reopened and the parties were directed to file memoranda stating their positions as to this court’s further action in compliance with the Court’s mandate. The parties urge this court to consider the remaining issues in the case. We decline to do so without first remanding the matter to the district court.
C. Itoh presents several grounds for its motion to dismiss. For example, it argues that it has standing to assert the substantive treaty rights of its parent company. Resolution of these remaining issues may involve several factual determinations that have not yet been made. Therefore, we have determined that no decision should be made by this court at this time. We remand the cause to the district court with directions to conduct further proceedings to finalize the action in light of the mandate of the Supreme Court.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Spiess v. C. Itoh & Co. (America), Inc., 725 F.2d 970 (5th Cir. 1984)
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United States v. AETNA Cas. Ins. Co., 908 F.2d 375 (8th Cir. 1990)
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United States for the Use & Benefit of Gulf States Enters., Inc. v. R.R. Tway, Inc., 938 F.2d 583 (5th Cir. 1991)
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sumitomo Shoji Am., Inc. v. Avagliano, 457 U.S. 176 (U.S. 1982)
- Spiess v. C. Itoh & Co. (America), Inc., 643 F.2d 353 (5th Cir. 1981)