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COSDEN OIL v. KARL O. HELM AKTIENGESELLSCHAFT

No. 82-1528.

736 F.2d 1064 (1984)

COSDEN OIL & CHEMICAL COMPANY, Plaintiff-Appellant Cross-Appellee, v. KARL O. HELM AKTIENGESELLSCHAFT, Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

July 23, 1984.

Attorney(s) appearing for the Case

Johnson & Swanson, Thomas A. Graves, Ernest E. Figari, Jr., Dallas, Tex., for plaintiff-appellant cross-appellee.

Coke & Coke, Thomas W. Craddock, Robert B. Krakow, J. Edwin Fleming, Dallas, Tex., James A. Lowe, Orlando, Fla., for defendant-appellee cross-appellant.

Before WISDOM, REAVLEY and TATE, Circuit Judges.

REAVLEY, Circuit Judge:

We must address one of the most difficult interpretive problems of the Uniform Commercial Code — the appropriate time to measure buyer's damages where the seller anticipatorily repudiates a contract and the buyer does not cover. The district court applied the Texas version of Article 21 and measured buyer's damages at a commercially reasonable time after seller...

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