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MERIT STAINLESS STEEL v. NIPPON STAINLESS STEEL

No. 85-1582.

818 F.2d 532 (1987)

MERIT STAINLESS STEEL, INC., Plaintiff-Appellant, v. NIPPON STAINLESS STEEL CO., LTD., and Nikko Boeki Kaisha, Ltd., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided May 11, 1987.

Attorney(s) appearing for the Case

Robert S. Hertzberg, Hertzberg and Golden, Birmingham, Mich., John A. Anderson, argued, for plaintiff-appellant.

Lance Gotthoffer, argued, Gary Adler, New York City, Joseph C. Basta, Cheryl A. Bush, Detroit, Mich., for defendants-appellees.

Before MILBURN and BOGGS, Circuit Judges; and EDWARDS, Senior Circuit Judge.

BOGGS, Circuit Judge.

Merit Stainless Steel bought a large quantity of NAR 160 quality steel under a series of written contracts with defendants Nippon Stainless Steel Co., Ltd. ("Nippon") and Nikko Boeki Kaisha, Ltd. ("NBK"). It now claims that the steel was not of an acceptable quality, and has sued for rescission of the contracts and damages. Each of the contracts contains a clause requiring arbitration in Japan of any dispute if the parties cannot settle amicably...

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