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J. F. PRITCHARD & CO. v. DOW CHEMICAL OF CANADA, LTD.

No. 71-1552.

462 F.2d 998 (1972)

J. F. PRITCHARD AND COMPANY, Appellant, v. DOW CHEMICAL OF CANADA, LIMITED, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 29, 1972.

Attorney(s) appearing for the Case

James F. Duncan, Kansas City, Mo., Allan L. Bioff, Kansas City, Mo., Thomas R. McDade, Houston, Tex., for appellant; Watson, Ess, Marshall & Enggas, Kansas City, Mo., Fulbright, Crooker & Jaworski, Houston, Tex., of counsel.

John C. Thurlo, Kansas City, Mo., Richard K. Andrews, Kansas City, Mo., for appellee; Swanson, Midgley, Eager, Gangwere & Thurlo, Kansas City, Mo., of counsel.

Before Mr. Justice CLARK, and VOGEL and LAY, Circuit Judges.

Mr. Justice CLARK.

This appeal is here on a dismissal, without prejudice, on the ground of forum non conveniens of the complaint of appellant J. F. Pritchard and Company to recover an alleged balance of $339,000 due to appellant assignee of its subsidiary, Pritchard Canadian, Ltd. on a contract performable in Canada between the subsidiary and the appellee Dow Chemical of Canada, Ltd. The trial judge, in a first-rate opinion, concluded that even though the assignment...

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