NISSHO-IWAI AMERICAN CORP. v. KLINE

No. 87-2902.

845 F.2d 1300 (1988)

NISSHO-IWAI AMERICAN CORPORATION, Plaintiff-Appellee, v. R. Sukarno KLINE, Individually and d/b/a Frankenburg Import-Export Ltd., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Opinion on Denial of Rehearing July 5, 1988.


Attorney(s) appearing for the Case

Howard R. Birnbach and Martin Sulkow, New York City, for R. Sukarno Kline and Frankenburg Import-Export.

Paul E. Galvin, Kathleen J. St. John, Dallas, Tex., for plaintiff-appellee.

Before POLITZ, KING and SMITH, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

In this appeal from a final judgment incorporating a partial summary judgment on the issue of liability, appellants Rukmini Sukarno Kline and Frankenburg Import-Export Ltd. contend that the court below abused its discretion in not reinstating their pleadings, stricken by a state court prior to removal of this case. Appellants also assert — contrary to a finding below — that evidence in the record is competent to raise issues...

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