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PARRY v. ERNST HOME CENTER CORP.

No. 860278.

779 P.2d 659 (1989)

Bruce G. PARRY, Plaintiff and Appellant, v. ERNST HOME CENTER CORPORATION, a Washington corporation; Pay N' Save, a Washington corporation; Ernst Home Center Corp., doing business in Idaho; Pacific Marine Schwabacher, a foreign corporation; Okada Hardware Co., Ltd., a foreign corporation; Mansour, Inc., dba West Coast Mercantile Company, aka WECO; Hirota Tekko K.K., a foreign corporation, Defendants. MANSOUR, INC., Ernst Home Center Corporation and Pay N' Save, Third-Party Plaintiffs and Appellants, v. OKADA HARDWARE COMPANY, LTD., and Hirota Tekko K.K., Third-Party Defendants and Appellees.

Supreme Court of Utah.

August 7, 1989.

Attorney(s) appearing for the Case

Mary Ellen Sloan, Daniel G. Darger, Salt Lake City, for Bruce G. Parry.

Gary D. Stott, Robert G. Gilchrist, Salt Lake City, for Mansour, Inc.

Roger R. Fairbanks, Salt Lake City, for Ernst Home Center Corp. and Pay N' Save.

Gregory J. Sanders, Heinz J. Mahler, Salt Lake City, for Okada Hardware Co., Ltd.

H. James Clegg, Stephen J. Hill, Salt Lake City, for Hirota Tekko K.K.

Donald J. Purser, Salt Lake City, for Pacific Marine Schwabacher.

HOWE, Associate Chief Justice:

Plaintiff Bruce G. Parry and defendant and third-party plaintiff Mansour, Inc., appeal the district court's dismissal of their complaints against defendants and third-party defendants, Okada Hardware Company, Ltd., and Hirota Tekko K.K., both Japanese entities. The district court held that it lacked personal jurisdiction over the third-party defendants and that Hirota Tekko K.K. had not waived its jurisdictional defense.

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