Cmi Corporation, an Oklahoma Corporation v. Leemar Steel Co., Inc., an Ohio Corporation

BARRETT, Circuit Judge.

Leemar Steel Company (Leemar) appeals from a final judgment entered in favor of CMI Corporation (CMI) after trial to the court. CMI initiated this action seeking cancellation of a contract with Leemar and the return of money it had paid Leemar pursuant to the contract.

During the latter part of 1980, Leemar, an Ohio corporation, “went after” all the oil pump manufacturers to sell them its counterweight material. Daniel Malik, a Leemar salesman, initially contacted CMI, an Oklahoma corporation, on October 30, 1980, after finding CMI in the Dunn & Bradstreet Metalworking…