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STEUBER CO., INC. v. HERCULES, INC.

No. 80-1032.

646 F.2d 1093 (1981)

STEUBER COMPANY, INC., Plaintiff-Appellant, v. HERCULES, INCORPORATED and Robertson Terminals, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing Denied July 27, 1981.

Attorney(s) appearing for the Case

B. Thomas Cook and Kenneth R. Wynne, Houston, Tex., for plaintiff-appellant.

Reynolds, Allen & Cook, K. Charles Peterson and Lloyd R. Cunningham, Jr., Houston, Tex., Fulbright & Jaworski, Dana G. Kirk, Houston, Tex., for defendants-appellees.

Alice Oliver Trevathan, Houston, Tex., for Robertson Terminals, Inc.

Before AINSWORTH and Sam D. JOHNSON, Circuit Judges, and HUNTER, District Judge.

EDWIN F. HUNTER, District Judge:

This Texas diversity action arises out of a contract between Steuber Company, Inc. and Hercules, Inc. for the sale of some 900,000 gallons of methanol (methy alcohol) which at the time of the contract was aboard a vessel en route to the United States from Japan.

Hercules, the buyer, refused to accept the methanol when the vessel arrived at its destination, the DuPont plant in Beaumont, Texas (Hercules having previously arranged...

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