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PULP v. REPUBLIC CHEMICAL CORPORATION

No. 99, Docket No. 25546.

274 F.2d 428 (1960)

REDERI A/B PULP, Rederi A/B Jamaica, D/S A/S Eikland and Salamis A/S, d.b.a. Salen-Skaugen Line, and A/S Igadi, Libelants-Appellees, v. REPUBLIC CHEMICAL CORPORATION, Respondent and Impleading Petitioner-Appellant (Olin Mathieson Chemical Corporation, Impleaded Respondent-Appellee.)

United States Court of Appeals Second Circuit.

Decided January 28, 1960.

Attorney(s) appearing for the Case

Alfred S. Julien, New York City, for appellant, Republic Chemical Corporation.

John R. Hupper, New York City (Cravath, Swaine & Moore and George S. Parlin, Jr., New York City, on the brief), for impleaded respondent-appellee.

Thomas R. H. Howarth, New York City (Haight, Gardner, Poor & Havens, Tallman Bissell, and Richard A. Lempert, New York City, on the brief), for libelants-appellees.

Before CLARK, HINCKS, and WATERMAN, Circuit Judges.

PER CURIAM.

The appellant here, Republic Chemical Corporation, complains rather bitterly that it has been caught here in pincers between libelants' claim of freight upon breach of its two contracts to ship superphosphate fertilizer to Korea by libelants' vessels and the impleaded respondent's failure to honor commitments to furnish the shipments. But the questions presented are essentially those of fact: whether libelants and Republic completed negotiations for the...

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