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STARRY CONST. CO., INC. v. MURPHY OIL USA, INC.

Civ. No. 4-90-767.

785 F.Supp. 1356 (1992)

STARRY CONSTRUCTION CO., INC., a Minnesota corporation, Plaintiff, v. MURPHY OIL USA, INC., a foreign corporation, Defendant.

United States District Court, D. Minnesota, Fourth Division.

February 27, 1992.

Attorney(s) appearing for the Case

Kyle E. Hart, Marvin T. Fabyanske, Fabyanske, Svoboda, Westra & Davis, St. Paul, Minn., for plaintiff.

Lawrence T. Hofmann, Terese S. Wallschlaeger, Zelle & Larson, Minneapolis, Minn., David L. Doyle, Joseph A. Strubbe, Pope & John, Chicago, Ill., for defendant.

ORDER

MacLAUGHLIN, District Judge.

This matter is before the Court on defendant's motion for summary judgment and on plaintiff's motion for summary judgment as to defendant's commercial impracticability defense. Defendant's motion will be granted.

FACTS

This case, arising in the context of the highway construction industry, involves the purported modification to a contract for the sale of asphalt cement oil. Plaintiff Starry Construction...

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