PHILLIPS PUERTO RICO CORE, INC. v. TRADAX PETROLEUM

No. 618, Docket 84-7789.

782 F.2d 314 (1985)

PHILLIPS PUERTO RICO CORE, INC., Plaintiff-Appellant, v. TRADAX PETROLEUM LTD., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 16, 1985.


Attorney(s) appearing for the Case

Terry L. Stoltz, New York City (Lance A. Warrick, Esq., Burlingham Underwood & Lord, New York City, of counsel), for appellant.

Patrick V. Martin, New York City (Richard H. Webber, Isabelle B. Roux, Hill Rivkins Carey Loesberg O'Brien & Mulroy, New York City, of counsel), for appellee.

Before MANSFIELD, KEARSE and PRATT, Circuit Judges.


MANSFIELD, Circuit Judge:

Phillips Puerto Rico Core, Inc. ("Phillips"), which contracted to buy a cargo of naphtha, appeals an order and judgment of the Southern District of New York, Robert L. Carter, Judge, awarding over a million dollars in damages against it in favor of Tradax Petroleum, Ltd., for breach of its contract with Tradax. Phillips maintains that it was excused from performing because Tradax had failed to perform satisfactorily and because of the occurrence...

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