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KELVION, INC. v. PETROCHINA CANADA LTD.

No. 17-5097.

918 F.3d 1088 (2019)

KELVION, INC., a foreign corporation, Plaintiff-Appellant, v. PETROCHINA CANADA LTD., formerly known as Brion Energy Corporation, a foreign corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Filed March 15, 2019.

Attorney(s) appearing for the Case

Samanthia S. Marshall ( W. Kirk Turner with her on the briefs), McAffee & Taft, P.C., Tulsa, Oklahoma, for Appellant.

Richard D. Salgado , Dentons US LLP ( Wade P. K. Carr , Dentons US LLP, Kansas City, Missouri, with him on the brief), Dallas, Texas, for Appellee.

Before TYMKOVICH, Chief Judge, McKAY and CARSON, Circuit Judges.

PetroChina Canada bought ten large heat-exchanger units from Kelvion's Oklahoma plant for use in PetroChina's oil and gas operations. Their contract included a mandatory forum-selection clause subjecting the parties to Canadian jurisdiction. After a dispute over unanticipated delivery costs that PetroChina refused to pay...

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