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FLLI MORETTI CEREALI v. CONTINENTAL GRAIN CO.

No. 63, Docket 77-7130.

563 F.2d 563 (1977)

FLLI MORETTI CEREALI S.p.A., Plaintiff-Appellee, v. CONTINENTAL GRAIN COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 12, 1977.

Attorney(s) appearing for the Case

Mark H. Alcott, New York City (Paul, Weiss, Rifkind, Wharton & Garrison and Marvin P. Wexler, New York City, on the brief), for defendant-appellant.

Michael Marks Cohen, New York City (Burlingham, Underwood & Lord and Robert J. Zapf, New York City, on the brief), for plaintiff-appellee.

Before KAUFMAN, Chief Judge, and SMITH and ANDERSON, Circuit Judges.

ROBERT P. ANDERSON, Circuit Judge:

This is an appeal from the judgment granting plaintiff FLLI Moretti Cereali's ("Moretti") motion for partial summary judgment on two claims arising out of contracts for the sale of wheat and dismissing sua sponte defendant Continental Grain Company's ("Continental") counterclaim based on Moretti's repudiation of a soybean meal contract between itself and Continental's wholly-owned subsidiary, Continental Grain Export Corporation...

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