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WHITCOMBE v. STEVEDORING SERVICES OF AMERICA

No. 91-56530.

2 F.3d 312 (1993)

Graham WHITCOMBE, Plaintiff-Appellant, v. STEVEDORING SERVICES OF AMERICA, doing business as Pacific Container Terminal, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 16, 1993.

As Amended August 16, 1993.

Attorney(s) appearing for the Case

George P. Hassapis, Fisher and Porter, Long Beach, CA, for plaintiff-appellant.

Paul W. Chandler, Baker & Hostetler, McCutchen Black, Long Beach, CA, for defendant-appellee.

Before NOONAN and TROTT, Circuit Judges, and FITZGERALD, Senior District Judge.

FITZGERALD, Senior District Judge:

Plaintiff Graham Whitcombe ("Whitcombe"), an Australian citizen, came to the United States in May of 1990 on a business venture. Whitcombe and Paul Rawsthorne ("Rawsthorne"), another Australian, sought to purchase American "muscle cars" for export to and resale in Australia. They expected a substantial profit due to the popularity and scarcity of the cars in their country. After a month-long search, Whitcombe bought two cars, a 1984...

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