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E.I. DUPONT DE NEMOURS v. RHONE POULENC FIBER

No. 00-3550.

269 F.3d 187 (2001)

E.I. DUPONT DE NEMOURS AND COMPANY, a Delaware Corporation, v. RHONE POULENC FIBER AND RESIN INTERMEDIATES, S.A.S., aka Rhone-Poulenc Fibres et Polymeres S.A.; Rhodia, a French corporation; Rhodia Fiber and Resin Intermediates, S.A.S., formerly named Rhone Poulenc Fiber and Resin Intermediates, S.A.S.; Rhodia, SA, f/k/a Rhone Poulenc Fibres Et Polymeres S.A. Rhodia Fiber and Resin Intermediates, SAS and Rhodia SA, Appellants.

United States Court of Appeals, Third Circuit.

Filed October 15, 2001.

Attorney(s) appearing for the Case

John A. Parkins, Jr., Esq. (Argued), Robert W. Whetzel, Esq. Richards, Layton & Finger, One Rodney Square P.O. Box 551 Wilmington, DE, 19899, Attorneys for Appellants.

P. Clarkson Collins, Jr., Esq. (Argued), Morris, James, Hitchens & Williams, 222 Delaware Avenue P.O. Box 2306 Wilmington, DE, 19899, Attorneys for Appellee.

Before: SCIRICA, ALITO, and BARRY, Circuit Judges.

OPINION OF THE COURT

BARRY, Circuit Judge:

In 1996, after years of negotiation, a Joint Venture Agreement ("the Agreement") was entered into between DuPont China ("DPC"), Rhone Poulenc Fiber and Resin Intermediates ("Rhodia Fiber"), and Liaoyang Petro Chemical Fiber Company ("LYPFC"), a Chinese entity. DPC and Rhodia Fiber are subsidiaries of E.I. DuPont de Nemours and Company ("DuPont") and Rhodia, SA ("Rhodia...

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