APPLIED MEDICAL DISTRIBUTION v. SURGICAL CO. BV

No. 09-55155.

587 F.3d 909 (2009)

APPLIED MEDICAL DISTRIBUTION CORPORATION, a California corporation, Plaintiff-Appellant, v. The SURGICAL COMPANY BV, a Netherlands limited liability company, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 3, 2009.

Amended November 17, 2009.


Attorney(s) appearing for the Case

Richard J. Grabowski, Brian M. Hoffstadt (argued) and Edward S. Chang, Jones Day, Irvine, CA, for the plaintiff-appellant.

Bruce H. Jackson (argued) and Jerry Salcido, Baker & McKenzie LLP, San Francisco, CA, for the defendant-appellee.

Before: RAYMOND C. FISHER and RONALD M. GOULD, Circuit Judges, and MORRISON C. ENGLAND, JR., District Judge.


ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

The opinion filed on November 3, 2009, and published at ___ F.3d ___, 2009 WL 3583047, is AMENDED as follows:

On slip opinion page 14835, the final sentence ending on slip opinion page 14836, delete the following text: ", so Surgical's filing of the Belgian action, in violation of the forum selection clause, should not impede comity".

IT IS...

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