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EXXON CORPORATION v. A. L. BURBANK & COMPANY, LTD.

No. 177, Docket 74-1649.

510 F.2d 934 (1975)

EXXON CORPORATION, successor by merger to Esso International, Inc., Plaintiff-Appellee, v. A. L. BURBANK & COMPANY, LTD., Defendant-Appellant, and United States of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 31, 1975.

Attorney(s) appearing for the Case

Paul F. McGuire, New York City (Kirlin, Campbell & Keating, New York City, on the brief), for plaintiff-appellee.

Alfred A. Meyer, New York City (Burke & Parsons, New York City, on the brief), for defendant-appellant.

Warren A. Schneider, Atty., Admiralty & Shipping Section, U. S. Dept. of Justice, New York City (Paul J. Curran, U. S. Atty., S. D. N. Y., Carla A. Hills, Asst. Atty. Gen., U. S. Dept. of Justice, Gilbert S. Fleischer, Atty. in Charge, Admiralty & Shipping Section, U. S. Dept. of Justice, New York City, on the brief), for defendant-appellee.

Before FEINBERG and MULLIGAN, Circuit Judges, and BRYAN, District Judge.

MULLIGAN, Circuit Judge:

On or about March 5, 1965 Exxon Corp. and A. L. Burbank and Co., Ltd., operating agent for various seafaring vessels, entered into a contract which provided that Exxon would sell fuel oil to Burbank for the remainder of the calendar year 1965. Accordingly, in October 1965 a quantity of fuel oil was delivered by Exxon in Venezuela to the S. T. Atlas, for which vessel Burbank was acting as operating agent. The amount due Exxon for this oil delivery...

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