NISHIMATSU CONSTRUCTION CO., LTD. v. HOUSTON NAT. BANK

No. 74-2053.

515 F.2d 1200 (1975)

NISHIMATSU CONSTRUCTION CO., LTD., Plaintiff, v. HOUSTON NATIONAL BANK, Defendant-Third Party Plaintiff-Appellee, v. Jack D. BAIZE, Third Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 18, 1975.


Attorney(s) appearing for the Case

William B. Dazey, Robert E. Newey, Houston, Tex., for defendant-appellant.

Walter E. Workman, William R. Burke, Jr., Houston, Tex., for plaintiff-appellee.

Arno W. Krebs, Jr., Houston, Tex., for Nishimatsu Const. Co.

Before WISDOM and DYER, Circuit Judges, and KRAFT, District Judge.


WISDOM, Circuit Judge:

In this diversity case, "the fundamental question," as the appellee frames it, "is whether a party who has wilfully disregarded the rules of the judicial process and ignored the trial setting of the court below, and who suffers a judgment by default as a result of his deliberate and contumacious conduct, may under the guise of challenging the jurisdiction of the district court attempt to defend the case on the merits for the first time in the...

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