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PHOENIX CANADA OIL CO. LTD. v. TEXACO INC.

Civ. A. No. 76-421.

560 F.Supp. 1372 (1983)

PHOENIX CANADA OIL COMPANY LIMITED, Plaintiff, v. TEXACO INC., Gulf Oil Corporation, Texaco Petroleum Company and Ecuadorian Gulf Oil Company, Defendants.

United States District Court, D. Delaware.

April 8, 1983.

Attorney(s) appearing for the Case

Joseph A. Rosenthal, Morris & Rosenthal, P.A., Wilmington, Del., for plaintiff; Edward Nathan, and Randi Jones, New York City, of counsel.

William O. LaMotte, and Donald F. Parsons, Jr., Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for defendants; Milton J. Sherman, Edward A. Friedman, Milton J. Schubin, and David F. Ryan, Kaye, Scholer, Fierman, Hays & Handler, New York City, of counsel.

OPINION

MURRAY M. SCHWARTZ, District Judge.

Pending before the Court is defendants' motion for summary judgment which was referred to Magistrate N. Richard Powers. The Magistrate issued Reports and Recommendations on December 11, 1981 (the "December 11 Report") and May 7, 1982 (the "May 7 Report"). Objections and replies have been filed by each party.

I. Background

This case involves a controversy...

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