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PHILLIPS USA, INC. v. ALLFLEX USA, INC.

No. 94-3288.

77 F.3d 354 (1996)

PHILLIPS USA, INC., Plaintiff-Appellant, v. ALLFLEX USA, INC., et al., and N.J. Phillips Pty., Limited, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 26, 1996.

Attorney(s) appearing for the Case

Paul Hasty, Jr. (Richmond M. Enochs and Karl Kuckelman, also of Wallace, Saunders, Austin, Brown and Enochs, with him on the briefs), Overland Park, Kansas, for Plaintiff-Appellant.

Paul W. Rebein (William R. Sampson, also of Shook, Hardy & Bacon, with him on the brief), Overland Park, Kansas, for Defendant-Appellee N.J. Phillips Pty., Ltd.

Before EBEL and LOGAN, Circuit Judges, and HOLMES, District Judge.

LOGAN, Circuit Judge.

Plaintiff Phillips USA, Inc. (Phillips USA) appeals the district court's grant of summary judgment in favor of defendant N.J. Phillips Pty., Ltd. (NJP).

On appeal Phillips USA asserts that (1) the district court abused its discretion in denying Phillips USA's motion to dismiss its claims against NJP without prejudice pursuant to Fed.R.Civ.P. 41; (2) the district court erred in granting NJP's motion for summary judgment based on federal...

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