DOLE FOOD CO., INC. v. WATTS

No. 01-55002.

303 F.3d 1104 (2002)

DOLE FOOD COMPANY, INC., a Hawaiian corporation, Plaintiff-Appellant, v. Malcolm WATTS; Carl Boenneken, Defendants-Appellees, and Helag Warehousing, a corporation organized under the laws of the Netherlands; Helag Storage & Distribution B.V. a corporation organized under the law of the Netherlands; Helvetia Lagerhaus Gesellschaft AG, Inc., a corporation organized under the laws of the British Virgin Islands; Storerite Ltd., a corporation organized under the laws of the United Kingdom; Eurostore N.V. a corporation organized under the laws of the Dutch Antilles; Delta Property Financing, Ltd., a company organized under the laws of the United Kingdom, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed September 10, 2002.


Attorney(s) appearing for the Case

Robert H. Klonoff, Jones, Day, Reavis & Pogue, Washington, DC, for the appellant.

Simon J. Frankel, Howard, Rice, Nemerovski, Canady, Falk & Rabkin, San Francisco, California, for the appellees.

Before: WARDLAW, W. FLETCHER, Circuit Judges, and FOGEL, District Judge.


WILLIAM A. FLETCHER, Circuit Judge.

Dole Food Company ("Dole" or "Dole U.S.") appeals the district court's dismissal under Federal Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction in California of its suit against Malcolm Watts and Carl Boenneken, citizens and residents of European countries. Dole alleges that Watts and Boenneken fraudulently induced Dole, headquartered in California, to lease warehouse space in The

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