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FLOURINE ON CALL, LTD. v. FLUOROGAS LTD.

No. 03-50419.

380 F.3d 849 (2004)

FLUORINE ON CALL, LTD., Plaintiff-Counter Defendant-Appellee-Appellant, v. FLUOROGAS LIMITED, et al., Defendants, Fluorogas Limited, Defendant-Counter Claimant-Appellant-Appellee, and The BOC Group, Inc.; The BOC Group PLC, Defendants-Appellants-Appellees, v. Frederick J. Siegele; Stephen Siegele, Third Party Defendants-Counter Defendants-Appellees, and Applied Materials Inc., Third Party Plaintiff-Appellee.

United States Court of Appeals, Fifth Circuit.

August 10, 2004.

Attorney(s) appearing for the Case

Joseph D. Cheavens, Baker Botts, Houston, TX, for Fluorine On Call, Ltd.

Kevin M. Sadler (argued), Baker Botts, Austin, TX, for Fluorine On Call, Ltd. and Frederick and Stephen Siegele.

W. Wendell Hall, Fulbright & Jaworski, San Antonio, TX, Joy M. Soloway, Fulbright & Jaworski, Houston, TX, Marcy Hogan Greer, Christopher R. Benson, Fulbright & Jaworski, Austin, TX, James Jeffery Richardson, Fulbright & Jaworski, Dallas, TX, for BOC Group, Inc. and BOC Group PLC.

Stephen James Marzen (argued), Wendy E. Ackerman, Shearman & Sterling, Washington, DC, Mary Bernice Boyle, Shearman & Sterling, Menlo Park, CA, for Fluorogas, Ltd.

Jerry R. Selinger (argued), Anil Vagish Gollahalli, Jenkens & Gilchrist, Dallas, TX, Gary Elliot Zausmer, Jenkens & Gilchrist, Austin, TX, for Applied Materials, Inc.

Before DAVIS, PRADO and PICKERING, Circuit Judges.

PRADO, Circuit Judge:

This case arises from a "Memorandum of Understanding" between Fluorogas Limited ("Fluorogas") and Fluorine on Call, Ltd. ("FOC"). Flourogas is a small English company that develops and manufactures fluorine generators. It was owned by Graham Hodgson, who was also its president. FOC is a Texas company that began with two brothers, Frederick and Stephen Siegele. The Siegeles sought to enter what they viewed as the potential market for on-site fluorine...

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