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Able International v. B.P. Chemicals

Case Date: 06/16/1998
Court: United States Court of Appeals
Docket No: 97-1547

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT


No. 97-1547

ABLE INTERNATIONAL CORP.,

Plaintiff, Appellant,

v.

B.P. CHEMICALS AMERICA, INC.,

Defendant, Appellee.




APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

[Hon. Daniel R. Dominguez, U.S. District Judge]



Before

Lynch, Circuit Judge,

Cyr, Senior Circuit Judge,

and DiClerico, District Judge.





Harry Anduze-Montano, with whom Andres Guillemard-Noble and
Nachman, Santiago & Guillemard were on brief for appellant.
John F. Malley III, with whom McConnell Valdes was on brief for
appellee.



June 11, 1998

CYR, Senior Circuit Judge. Able International Corp.
brought the present action for damages in the United States
District Court for the District of Puerto Rico claiming that B.P.
Chemicals America, Inc. ("BP") violated Act No. 21 of December 5,
1990, P.R. Laws Ann. tit. 10,  279-279h (hereinafter "Law 21"),
by terminating Able as its exclusive sales agent for barex resins
in the Caribbean area. BP moved to dismiss on the ground that Law
21 is inapplicable to sales representation agreements formed prior
to December 6, 1990. See id.
Able then submitted an amended complaint incorporating
various documents