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SOUTH HAMPTON CO. v. STINNES CORP.

No. 80-1803.

733 F.2d 1108 (1984)

SOUTH HAMPTON CO., Plaintiff-Appellee Cross-Appellant, v. STINNES CORP., et al., Defendants-Third-Party-Plaintiffs-Appellants Cross-Appellees, v. UNITED PETROLEUM DISTRIBUTORS, INC., Third-Party-Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 30, 1984.

Attorney(s) appearing for the Case

Mehaffy, Weber, Keith & Gonsoulin, Dewey J. Gonsoulin, Beaumont, Tex., Cahill, Gordon & Reindel, Thomas F. Curnin, New York City, for Stinnes Corp., et al.

Fulbright & Jaworski, Rufus Wallingford, Houston, Tex., Weller, Wheelus & Green, Beaumont, Tex., for South Hampton Co.

William A. Harrison, Bryan A. Domning, Houston, Tex., for United Petroleum Distributors, Inc.

Before CLARK, Chief Judge, BROWN and RUBIN, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

This breach of contract diversity case turns on the interpretation of contracts by which a petroleum refiner agreed with an oil buyer to construct a petroleum terminal and to deliver large quantities of diesel and heavy oil at the completed terminal over a ten-year period. Directed by a Texas court's interpretation of a notably similar contract, subsequent to the trial of this case, we conclude that the refiner breached the contract...

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