Nippon Hodo Company, Ltd. v. United States
United States Court of Claims
285 F.2d 766 (1961)
- Written by David Bloom, JD
Facts
Nippon Hodo Company, Ltd. and another Japanese company (Nippon) (plaintiffs) sued the United States government (United States) (defendant) for breach of contract. The United States objected to the suit, arguing that the court lacked jurisdiction over Nippon’s claim for breach of contract in the absence of proof that Japan would have allowed a United States plaintiff to sue Japan for breach of contract in Japanese courts. A trial was held on the issue of jurisdiction. At trial, Nippon offered the testimony of a Japanese attorney and a Japanese government official to show that United States citizens had equal rights to sue Japan and equal access to Japanese courts as Japanese citizens. The United States argued that no Japanese statute specifically authorized breach of contract actions against the Japanese government. The United States also argued that Nippon’s proof failed to satisfy a treaty between the United States and Japan that provided that nationals of either country were afforded national treatment regarding access to courts.
Rule of Law
Issue
Holding and Reasoning (Jones, C.J.)
Dissent (Laramore, J.)
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