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NORDYNE v. INTL CONTROLS & MEASUREMENTS CORP

No. 00-4063EM.

262 F.3d 843 (2001)

Nordyne, Inc., Appellant, v. International Controls & Measurements Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 22, 2001.

Attorney(s) appearing for the Case

Gary T. Carr, argued, St. Louis, MO, for appellant.

Jonathan B. Fellows, argued, Syracuse, NY, for appellee.

Before McMILLIAN and RICHARD S. ARNOLD, Circuit Judges, and DAWSON, District Judge.

RICHARD S. ARNOLD, Circuit Judge.

Nordyne, Inc., appeals from the District Court's2 order granting the motion of International Controls & Measurements Corporation (ICM) to dismiss Nordyne's breach-of-warranty action for improper venue. Nordyne, as buyer, and ICM, as seller, had been doing business for approximately ten years when the current dispute arose. Nordyne argues that the District Court erred in holding that a forum-selection...

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