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CMACO Auto. Sys., Inc. v. Wanxiang America Corp., No. 08-1435

By FindLaw Staff on December 10, 2009 | Last updated on March 21, 2019

In a California corporation's diversity contract and tort suit against a Kentucky corporation with its principal place of business in Illinois for breaching an exclusive partnership agreement to manufacture automotive parts for plaintiff, dismissal of the complaint is affirmed as, because the economic injury suffered by plaintiff as a result of defendant's alleged direct dealings with third parties was clearly felt at its corporate headquarters, the district court did not err in holding that plaintiff's contract claim accrued "without the state" (in California) thereby triggering Michigan's borrowing statute and requiring application of California's four-year statute of limitations for written contract cases. 

Read CMACO Auto. Sys., Inc. v. Wanxiang America Corp., No. 08-1435

Appellate Information

Argued: June 10, 2009

Decided and Filed: December 10, 2009


Opinion by Circuit Judge Griffin


For Appellant:  Timothy D. Wittlinger, Clark Hill PLC.

For Appellee:  Philip J. Kessler, Butzel Long

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