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MARTIN MARIETTA CORP. v. N. J. NAT. BANK

Civ. No. 75-644.

505 F.Supp. 946 (1981)

MARTIN MARIETTA CORPORATION, a Corporation of the State of Maryland, Plaintiff, v. NEW JERSEY NATIONAL BANK, a National Banking Association, Defendant, and Tamburelli Properties, Inc., a Corporation of the State of New Jersey, Defendant.

United States District Court, D. New Jersey.

January 15, 1981.

Attorney(s) appearing for the Case

Carpenter, Bennett & Morrissey, by Jerome J. Graham, Newark, N.J., for plaintiff.

Stark & Stark, by Lewis J. Pepperman, Trenton, N.J., for defendant Bank.

OPINION

HAROLD A. ACKERMAN, District Judge.

I BACKGROUND

This diversity case involves a dispute over 62,443 tons of sand. The plaintiff, Martin Marietta Corporation, purchased about 136,657 tons of sand during the last three months of 1973 from Hollander Sand Associates, ("Hollander")1 taking delivery on 59,189 tons and stockpiling the rest at Hollander's facilities in Woodmansie, New Jersey.2

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