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NANAKULI PAVING & ROCK CO. v. SHELL OIL CO., INC.

Nos. 78-2667, 78-2670.

664 F.2d 772 (1981)

NANAKULI PAVING AND ROCK COMPANY, a Division of Grace Brothers, Ltd., a Hawaii corporation, Plaintiff-Appellant, v. SHELL OIL COMPANY, INC., a Delaware corporation, Defendant-Appellee. NANAKULI PAVING AND ROCK COMPANY, a Division of Grace Brothers, Ltd., a Hawaii corporation, Plaintiff-Appellee, v. SHELL OIL COMPANY, a Delaware corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 21, 1981.

Rehearing Denied February 8, 1982.

Attorney(s) appearing for the Case

Edwin L. Doernberger, Cades Schutte Fleming & Wright, Honolulu, Hawaii, argued, for defendant-appellee; James S. Campbell, Honolulu, Hawaii, on brief.

John A. Hoskins, Hoddick, Reinwald, O'Connor & Marrack, Honolulu, Hawaii, argued for plaintiff-appellant; John F. Perkins, Honolulu, Hawaii, on brief.

Before BROWNING, Chief Judge, and KENNEDY, Circuit Judge, and HOFFMAN, District Judge.

HOFFMAN, District Judge:

Appellant Nanakuli Paving and Rock Company (Nanakuli) initially filed this breach of contract action against appellee Shell Oil Company (Shell) in Hawaiian State Court in February, 1976.1 Nanakuli, the second largest asphaltic paving contractor in Hawaii, had bought all its asphalt requirements from 1963 to 1974 from Shell under two long-term supply contracts; its suit charged Shell with breach of the later 1969...

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