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OXON ITALIA, S.p.A. v. FARMLAND INDUSTRIES, INC.

No. 79 Civ. 0002(MEL).

546 F.Supp. 681 (1982)

OXON ITALIA, S.p.A., Plaintiff, v. FARMLAND INDUSTRIES, INC., Defendant.

United States District Court, S. D. New York.

August 3, 1982.

Attorney(s) appearing for the Case

Trubin Sillcocks Edelman & Knapp, New York City, for plaintiff.

Haight, Gardner, Poor & Havens, New York City, for defendant; Richard M. Ziccardi, Curtis E. Pew, Keith W. Heard, New York City, of counsel.

LASKER, District Judge.

Oxon Italia, S.p.A. ("Oxon") is a manufacturer of agricultural chemicals, including atrazine, a special herbicide which Oxon produces in its "raw" or technical state. Atrazine is "formulated," or mixed with inert materials, before it is suitable for agricultural application. Oxon alleges that Farmland Industries, Inc. ("Farmland") breached its contract with Oxon by refusing to pay for five containers of technical atrazine which Oxon sold to...

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