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HYOSUNG AMERICA, INC. v. SUMAGH TEXTILE CO., LTD.

Docket No. 96-9408.

137 F.3d 75 (1998)

HYOSUNG AMERICA, INC., Hyosung America, Inc., as Assignee of Orkid Tex, Inc., Plaintiff-Counter-Defendant-Appellant, v. SUMAGH TEXTILE CO., LTD., Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 13, 1998.

Attorney(s) appearing for the Case

Peter L. Simmons, New York City (Matthew Gluck, Jennifer L. Colyer, Deborah Simpson, Fried, Frank, Harris, Shriver & Jacobson, New York City, Harlan M. Lazarus, Lazarus & Lazarus, New York City, of counsel), for Plaintiff-Appellant.

Steven C. Bennett, New York City (Fredrick E. Sherman, Jones, Day, Reavis & Pogue, New York City, of counsel), for Defendant-Appellee.

Before: WALKER, McLAUGHLIN and PARKER, Circuit Judges.

PARKER, Circuit Judge:

I. BACKGROUND

This dispute arose from the sale and purchase of textile fabric. Orkid Tex, Inc. ("Orkid"), a company engaged primarily in the purchase and sale of textile goods, ordered fabric from Sumagh Textile Co., Ltd. ("Sumagh"), a textile manufacturer and supplier, to satisfy customer purchase orders. Hyosung America, Inc. ("Hyosung") is Orkid's assignee in the transactions relevant to this case, pursuant to an Agreement dated...

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