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MARTIN MARIETTA CORP. v. NEW JERSEY NAT. BANK

No. 80-2853.

653 F.2d 779 (1981)

MARTIN MARIETTA CORPORATION, a Corporation of the State of Maryland, Appellee, v. NEW JERSEY NATIONAL BANK, a National Banking Association, Defendant and Plaintiff-on-Counterclaim, v. TAMBURELLI PROPERTIES, INC., Additional Defendant-on-Counterclaim, New Jersey National Bank, Appellant.

United States Court of Appeals, Third Circuit.

Submitted June 15, 1981.

Decided June 30, 1981.

Attorney(s) appearing for the Case

Carpenter, Bennett & Morrissey, Newark, N. J., for appellee; Jerome J. Graham, Jr. (argued), Laurence Reich, Newark, N. J., of counsel; William A. Carpenter, Jr., Newark, N. J., on brief.

Stark & Stark, Lawrenceville, N. J., for appellant; Richard N. Shaine, Lewis J. Pepperman, Lawrenceville, N. J. (argued), on brief.

Before ADAMS, ROSENN and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

a.

This diversity case, in which the parties agree that the law of New Jersey governs, involves a dispute over 62,443 tons of sand. The plaintiff, Martin Marietta Corporation, purchased approximately 136,657 tons of sand during the last three months of 1973 from Hollander Sand Associates ("Hollander"), taking delivery on 59,189 tons and stockpiling the rest at Hollander's facilities in Woodmansie, New...

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