Nos. 89-5189, 89-5207.

906 F.2d 369 (1990)

The FALKIRK MINING COMPANY, an Ohio corporation, Appellant/Cross-appellee, v. The JAPAN STEEL WORKS, LIMITED, a corporation of Japan, and Japan Steel Works America, Inc., a New York corporation, Appellees/Cross-appellants.

United States Court of Appeals, Eighth Circuit.

Decided June 26, 1990.

Rehearing Denied August 10, 1990.

Attorney(s) appearing for the Case

David S. Evinger, Minneapolis, Minn., for appellant/cross-appellee.

William L. Killion, Minneapolis, Minn., for appellees/cross-appellants.

Before McMILLIAN and BEAM, Circuit Judges, and LARSON, Senior District Judge.

McMILLIAN, Circuit Judge.

The Falkirk Mining Co. (Falkirk) appeals from a final judgment entered in the United States District Court for the District of North Dakota granting the motion to dismiss of Japan Steel Works, Ltd. (Japan Steel), and Japan Steel Works America, Inc. (collectively appellees), on the grounds that Falkirk had failed to state a claim upon which relief could be granted. Appellees cross-appeal from the district court's holding that it could exercise...

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