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TRACE X CHEMICAL v. GULF OIL CHEMICAL CO.

Nos. 83-1072, 83-1184.

724 F.2d 68 (1983)

TRACE X CHEMICAL, INC., a corporation, Appellee, v. GULF OIL CHEMICAL COMPANY and Gulf Oil Corporation, Appellees, v. C.I.L., INC.; Canadian Industries, Limited; and C.I.L. Ammunition, Inc., Appellants. TRACE X CHEMICAL, INC., a corporation, v. GULF OIL CHEMICAL COMPANY and Gulf Oil Corporation, Appellants, v. C.I.L., INC.; Canadian Industries, Limited; and C.I.L. Ammunition, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 20, 1983.

Attorney(s) appearing for the Case

Roger P. Balog, Houston, Tex., for third party plaintiffs-appellees, cross appellants.

William H. Sutton, Michael G. Smith, Friday, Eldridge & Clark, Little Rock, Ark., Bartlett H. McGuire, Michael Mills, Davis, Polk & Wardwell, New York City, for defendants-appellants.

David Newbern, Fayetteville, Ark., for plaintiff-appellee.

Before HEANEY and McMILLIAN, Circuit Judges, and COLLINSON, Senior District Judge.

HEANEY, Circuit Judge.

In August of 1976, Trace X Chemical, Inc., received shipments of trinitroluene (TNT) for use in the manufacture of cast primers employed by the mining industry. The TNT later proved defective. On January 26, 1978, Trace X filed a complaint in the United States District Court for the Western District of Arkansas against Gulf Oil Chemicals Company and Gulf Oil Corporation. Trace X alleged, inter alia, that Gulf breached various express...

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