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KAM-KO BIO-PHARM TRADING CO. v. MAYNE PHARMA

No. 07-35449.

560 F.3d 935 (2009)

KAM-KO BIO-PHARM TRADING CO., LTD-AUSTRALASIA, a Washington Corporation, Plaintiff-Appellant, v. MAYNE PHARMA (USA) INC., a Delaware corporation; Mayne Pharma Pty, Ltd, an Australia corporation (now known as Mayne Pharma Ltd.); Mayne Group Ltd, an Australian public company; David Bull Laboratories, an Australian proprietary company; and John Does 1-12, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 11, 2009.

Attorney(s) appearing for the Case

Shaunta Marie Knibb & Jeff A. Smyth, Smyth & Mason, PLLC, Seattle, WA, for the plaintiff-appellant.

Alan S. Middleton, Davis Wright Tremaine LLP, Seattle, WA, for the defendants-appellees.

Before: ROBERT R. BEEZER, RICHARD C. TALLMAN, and MILAN D. SMITH, JR., Circuit Judges.

MILAN D. SMITH, JR., Circuit Judge:

Plaintiff-Appellant Kam-Ko Bio-Pharm Trading Co., Ltd-Australasia (Kam-Ko) successfully sued Defendants-Appellees Mayne Pharma (USA) Inc. (Mayne) in district court to compel arbitration before the International Chamber of Commerce (ICC). A short time later, however, Kam-Ko filed a new lawsuit in district court seeking a declaration that the ICC's $220,000 advance arbitration fee was so...

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