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BORDEN, INC. v. MEIJI MILK PRODUCTS CO., LTD.

No. 793, Docket 90-7840.

919 F.2d 822 (1990)

BORDEN, INC., Appellant, v. MEIJI MILK PRODUCTS CO., LTD., Appellee.

United States Court of Appeals, Second Circuit.

Decided November 21, 1990.

Attorney(s) appearing for the Case

Kevin J. Plunkett, New York City (William F. Plunkett, Jr., Arthur J. Semetis, and Plunkett & Jaffe, New York City; Walter W. Kocher, Hans Fischer and H. Stephen Harris, Jr., Columbus, Ohio, on the brief) for appellant Borden, Inc.

Samuel Kadet, New York City (Barry H. Garfinkel, Steven J. Kolleeny, Chase A. Caro; Brian D. Graifman, and Skadden, Arps, Slate, Meagher & Flom, New York City on the brief), for appellee Meiji Milk Products Co., Ltd.

Before FEINBERG, TIMBERS and MINER, Circuit Judges.

TIMBERS, Circuit Judge:

Appellant Borden, Inc. (Borden) appeals from an order entered October 3, 1990 in the Southern District of New York, Mary Johnson Lowe, District Judge, dismissing the action on the ground of forum non conveniens.

Borden commenced this action on August 30, 1990, seeking a preliminary injunction in aid of arbitration. The court granted the motion of appellee Meiji Milk Products Co., Ltd. (Meiji) to dismiss.

On appeal, Borden...

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