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DALE METALS CORP. v. KIWA CHEMICAL INDUSTRY CO., LTD.

No. 77 Civ. 3506.

442 F.Supp. 78 (1977)

DALE METALS CORP. and Overseas Development Corporation, Plaintiffs, v. KIWA CHEMICAL INDUSTRY CO., LTD., Toyo Menka Kaisha, Ltd., Sakai Trading New York, Inc., and Sakai Trading Co., Ltd., Defendants.

United States District Court, S. D. New York.

December 27, 1977.

Attorney(s) appearing for the Case

Siegel, Matson & Lasky, New York City, for plaintiffs.

Guggenheimer & Untermyer, New York City, for defendant Toyo Menka Kaisha, Ltd.

Yamada & Condemi, New York City, for defendants Kiwa Chemical Industry Co., Ltd., Sakai Trading New York, Inc. and Sakai Trading Co., Ltd.

LASKER, District Judge.

Toyo Menka Kaisha, Ltd. ("TMK") moves to dismiss the action against all defendants on the grounds of forum non conveniens. In the alternative, TMK seeks a stay of this action, pending completion of the arbitration proceeding that has been commenced in Japan, in which TMK is suing Overseas Development Corporation ("ODC") for moneys due under the sales agreement that underlies this case (see Exhibit N, TMK Moving Affidavit). The plaintiffs...

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