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IN RE GOOD HOPE CHEMICAL CORP.

No. 84-1208.

747 F.2d 806 (1984)

In re GOOD HOPE CHEMICAL CORPORATION, Debtor. Good Hope Chemical Corporation Creditors' Committee, Appellant.

United States Court of Appeals, First Circuit.

Decided November 7, 1984.

Attorney(s) appearing for the Case

C. Hall Swaim, Boston, Mass., with whom Hale & Dorr, Boston, Mass., was on brief, for appellant.

Cheryl A. LaFleur, Boston, Mass., with whom Charles P. Normandin, and Ropes & Gray, Boston, Mass., were on brief, for appellee Koerver & Lersch.

Before CAMPBELL, Chief Judge, STEWART, Associate Justice (Retired), and BOWNES, Circuit Judge.

LEVIN H. CAMPBELL, Chief Judge.

In 1974, Good Hope Chemical Corporation ("Good Hope"), a Texas corporation and the Chapter XI debtor, contracted with Koerver & Lersch ("K & L"), a West German manufacturer of specially fabricated equipment, to construct two sets of heat exchangers for use in an ammonia plant Good Hope was to build in Ingleside, Texas. The contract was formed by a series of telexes between Good Hope's purchasing agent, M.W. Kellogg Co. ("Kellogg...

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