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UNITED INTERN. HOLDINGS v. WHARF (HOLDINGS)

Nos. 97-1421, 98-1002.

210 F.3d 1207 (2000)

UNITED INTERNATIONAL HOLDINGS, INC., a Delaware corporation; and UIH Asia Investment Company, a Colorado general partnership, Plaintiffs-Appellees, v. The WHARF (HOLDINGS) LIMITED, a Hong Kong company; Wharf Communications Investments Limited, a Hong Kong company; Wharf Cable Limited, a Hong Kong company; and Stephen Ng, a Hong Kong citizen, Defendants-Appellants. Product Liability Advisory Council, Inc., Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

April 28, 2000.

Attorney(s) appearing for the Case

Paul Michael Dodyk, of Cravath, Swaine & Moore, New York, New York (William R. Jentes, of Kirkland & Ellis, Chicago, Illinois; and Scott R. Bauer, of Petrie, Bauer & Vriesman LLP, Denver, Colorado, with him on the brief), for the appellants.

Louis R. Cohen, of Wilmer, Cutler & Pickering, Washington, D.C. (Steven P. Finizio and Jonathan J. Frankel, of Wilmer, Cutler & Pickering, Washington, D.C.; David B. Wilson, of Holme, Roberts & Owen LLP, Denver, Colorado; and Jeffrey A. Chase, of Jacobs, Chase, Frick, Kleinkopf & Kelley, LLC, Denver, Colorado, with him on the brief), for the appellees.

Malcolm E. Wheeler and Lee Mickus, of Wheeler, Trigg & Kennedy, P.C., Denver, Colorado; and Hugh F. Young, Jr., Product Liability Advisory Council, Inc., Reston, Virginia, on the brief for the amicus curiae.

Before BRORBY, HOLLOWAY, and BRISCOE, Circuit Judges.

BRISCOE, Circuit Judge.

This case arises out of the award to defendant The Wharf (Holdings) Limited (Wharf) of a franchise to operate Cable Network Communications Limited (CNCL), a cable television system in Hong Kong. United International Holdings, Inc., (UIH) initiated this action against Wharf and one of its managing directors, Stephen Ng, claiming UIH had acquired an option to acquire 10% of the stock of CNCL and had been precluded from exercising its option....

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