Gau Shan Co. v. Bankers Trust Co.

956 F.2d 1349 (1992)

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Gau Shan Co. v. Bankers Trust Co.

United States Court of Appeals for the Sixth Circuit
956 F.2d 1349 (1992)

MP

Facts

Gau Shan (plaintiff), a Hong Kong borrower, filed suit in a United States district court against Bankers Trust Company (Bankers) (defendant), its American lender. Gau Shan alleged fraud, deceit, and negligence in connection with a note it secured to finance a cotton transaction with the Republic of China. Gau Shan filed its American suit before Bankers could sue it in Hong Kong. The federal district court issued a preliminary injunction enjoining Bankers from filing a lawsuit in Hong Kong against Gau Shan. Bankers appealed and argued that the district court misinterpreted the relevant principles of international comity when it issued the injunction.

Rule of Law

Issue

Holding and Reasoning (Ryan, J.)

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