COLUMBIA NITROGEN CORPORATION v. ROYSTER COMPANY

No. 15080.

451 F.2d 3 (1971)

COLUMBIA NITROGEN CORPORATION, Appellant, v. ROYSTER COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 26, 1971.


Attorney(s) appearing for the Case

Cornelius B. Thurmond, Jr., Augusta, Ga., and John C. Scott, Washington, D.C. (Thurmond & McElmurray, Augusta, Ga., David A. Donohoe, New York City, and Rowley & Scott, Washington, D. C., Robert R. MacMillan and Breeden, Howard & MacMillan, Norfolk, Va., on the brief), for appellant.

Richard B. Spindle, III, Norfolk, Va., and Milton Handler, New York City (John M. Hollis, Hugh L. Patterson, Thomas G. Johnson, Jr., Willcox, Savage, Lawrence, Dickson & Spindle, Norfolk, Va., Michael D. Blechman, Kaye, Scholer, Fierman, Hays & Handler, New York City, on the brief), for appellee.

Before HAYNSWORTH, Chief Judge, and WINTER and BUTZNER, Circuit Judges.


BUTZNER, Circuit Judge:

Columbia Nitrogen Corp. appeals a judgment in the amount of $750,000 in favor of F. S. Royster Guano Co. for breach of a contract for the sale of phosphate to Columbia by Royster. Columbia defended on the grounds that the contract, construed in light of the usage of the trade and course of dealing, imposed no duty to accept at the quoted prices the minimum quantities stated in the contract. It also asserted an antitrust defense and counterclaim...

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