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OSWALT v. SCRIPTO, INC.

No. 77-3296.

616 F.2d 191 (1980)

Gene M. OSWALT et vir, Plaintiffs-Appellants, v. SCRIPTO, INC., Defendant-Third Party Plaintiff, Appellant, v. TOKAI-SEIKI KK, a Japanese corporation, Defendant-Third Party Defendant, Appellee.

United States Court of Appeals, Fifth Circuit.

May 1, 1980.

Attorney(s) appearing for the Case

A. W. Salyars, Joyce Hill, Lubbock, Tex., Paul McCollum, Odessa, Tex., for plaintiffs-appellants.

Donald M. Hunt, Lubbock, Tex., for defendant-third party defendant, appellee.

Before GOLDBERG, FAY and ANDERSON, Circuit Judges.

R. LANIER ANDERSON, Circuit Judge:

The question before us in this diversity case is whether due process will permit the application of the Texas "Long-Arm" Statute to impose personal jurisdiction over Tokai-Seiki, a Japanese corporation. We find personal jurisdiction, and reverse. However, before addressing the merits, we must explain why this appeal is properly before us.

I. Appealability.

None of the parties to this appeal have raised the issue...

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