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APEX OIL CO. v. ARCHEM CO.

No. 84-2107.

770 F.2d 1353 (1985)

APEX OIL COMPANY, Plaintiff-Appellee, v. ARCHEM COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 16, 1985.

Attorney(s) appearing for the Case

Liddell, Sapp, Zivley, Brown & LaBoon, John C. Nabors, Kevin Clark, Houston, Tex., for defendant-appellant.

Porter & Clements, Mark K. Glasser, Houston, Tex., for plaintiff-appellee.

Before BROWN, WILLIAMS and GARWOOD, Circuit Judges.

GARWOOD, Circuit Judge:

In this Texas law diversity case, defendant appeals from a summary judgment holding it liable for breach of contract for the purchase of propane and from denial of its motion for summary judgment on ground that appellee-purchaser's letter of credit complied with the terms of the contract. We affirm.

FACTS AND PROCEEDINGS BELOW

Under a contract of April 1, 1982, plaintiff-appellee, Apex Oil Company ("Apex"), agreed to purchase...

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