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DUHA v. AGRIUM, INC.

Nos. 04-2505, 04-2548.

448 F.3d 867 (2006)

Wayne E. DUHA, Plaintiff-Appellant/Cross-Appellee, v. AGRIUM, INCORPORATED, Agrium U.S., Incorporated, and Agroservicios Pampeanos, S.A., Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 23, 2006.

Attorney(s) appearing for the Case

ARGUED: Stuart H. Deming, Deming PLLC, Kalamazoo, Michigan, for Appellant. Andrew S. Rosenman, Mayer, Brown, Rowe & Maw, Chicago, Illinois, for Appellees. ON BRIEF: Stuart H. Deming, Deming PLLC, Kalamazoo, Michigan, for Appellant. Andrew S. Rosenman, Danuta Bembenista Panich, Mayer, Brown, Rowe & Maw, Chicago, Illinois, for Appellees.

Before: COLE, GIBBONS, and ROGERS, Circuit Judges.

ROGERS, J., delivered the opinion of the court, in which GIBBONS, J., joined.

COLE, J. (pp. 882-887), delivered a separate dissenting opinion.

OPINION

ROGERS, Circuit Judge.

In this diversity action the district court dismissed the complaint on grounds of forum non conveniens, concluding that a more convenient forum was in Argentina, where the plaintiff worked at the time of his dismissal. The plaintiff, Wayne Duha, sued his former...

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