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Contracts
Fraud
Cancellation of Contract

Intercontinental Industries Corporation v. Wuhan State Owned Industrial Holdings

Published: Nov. 5, 2016 | Result Date: Sep. 27, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 2:10-cv-04174-JAK-E Bench Decision –  Dismissal

Court

USDC Central


Attorneys

Plaintiff

Scott D. Bertzyk
(Greenberg Traurig)

Jeffrey F. Yee
(Greenberg Traurig)

Karin Bohmholdt
(Greenberg Traurig LLP)


Defendant

Mark E. Haddad
(Sidley Austin LLP)

Robert Pietrzak

Alycia A. Degen
(Sidley Austin LLP)


Facts

Intercontinental Industries Corp. sued Wuhan State Owned Industrial Holdings Ltd. and The People's Government of Hubei Province.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff manufactured and distributed machine tools. Plaintiff allegedly purchased a factory in Wuhan City, China, owned by Wuhan State Owned Industrial Holdings Group for $1.7 million, and spent an additional $1.6 million to build a second plant. Defendants allegedly agreed to assist plaintiff in all the legal undertakings and necessary action. Plaintiff claimed that defendants made substantial misrepresentations and omissions to plaintiff, including defendants' alleged failure to disclose that the factory owed $21 million to another state-owned company in China, resulting in the seizure of plaintiff's funds and the freezing of its accounts in China, among other allegations.

DEFENDANTS' CONTENTIONS:
Defendants moved to dismiss the action for lack of subject matter jurisdiction under the Foreign Sovereign Immunities Act and on other grounds.

Result

The court dismissed the action with prejudice.


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