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PANAMA PROCESSES, S.A. v. CITIES SERVICE CO.

No. 79 Civ. 787-CSH.

500 F.Supp. 787 (1980)

PANAMA PROCESSES, S.A., Plaintiff, v. CITIES SERVICE COMPANY, Defendant.

United States District Court, S. D. New York.

Supplemental Opinion November 7, 1980.

Attorney(s) appearing for the Case

Kronish, Lieb, Shainswit, Weiner & Hellman, New York City, for plaintiff; Brian J. Gallagher, John R. Hartje, New York City, of counsel.

Cleary, Gottlieb, Steen & Hamilton, New York City, for defendant; James C. Blair, Jeffrey N. Gordon, Alisa F. Levin, New York City, of counsel.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

Defendant Cities Service Company ("Cities") moves to dismiss the complaint of plaintiff Panama Processes, S.A. ("Panama") on the ground of forum non conveniens, and for failure to join an indispensable party as required by Rule 19, F.R.Civ.P.

The complaint contains two counts. The first sounds in contract, and the second in tort, for breach of a majority shareholder's fiduciary duty to a minority...

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