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HAMAKUA SUGAR CO., INC. v. FIJI SUGAR CORP., LTD.

Civ. No. 91-00518ACK.

778 F.Supp. 503 (1991)

HAMAKUA SUGAR COMPANY, INC., Plaintiff, v. The FIJI SUGAR CORPORATION, LTD., Defendant.

United States District Court, D. Hawaii.

November 27, 1991.

Attorney(s) appearing for the Case

Carlsmith Ball Wichman Murray Case Mukai & Ichiki, Paul H. Achitoff, Honolulu, Hawaii, for plaintiff.

Ashford & Wriston, Michael W. Gibson, Edwin M. Oyarzo, Kailua-Kona, Hawaii, for defendant.

ORDER GRANTING PLAINTIFF'S MOTION TO REMAND

KAY, Chief Judge.

FACTS

Plaintiff Hamakua Sugar Company, Inc. ("Hamakua") and Defendant Fiji Sugar Corporation, Ltd. ("FSC") entered into a Mill Equipment Sales Contract ("Contract") in April of 1989. Paragraph 18 of the Contract provides that

In the event that Hamakua shall bring legal action against Fiji, Fiji hereby agrees to submit irrevocably to the jurisdiction of the Circuit Court of the...

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