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HAWLEY FUEL COALMART, INC. v. STEAG HANDEL, GmbH.

No. 82 Civ. 3686 (JES).

614 F.Supp. 361 (1985)

HAWLEY FUEL COALMART, INC. and Hawley Fuel Coal, Inc., Plaintiffs, v. STEAG HANDEL, GmbH., Defendant.

United States District Court, S.D. New York.

July 25, 1985.

Attorney(s) appearing for the Case

Phillips, Nizer, Benjamin, Krim & Ballon, New York City, for plaintiffs; George Berger, Martha R. Overall, Debra A. Roth, New York City, of counsel.

Herzfeld & Rubin, P.C., New York City, for defendant; Herbert Rubin, Edward L. Birnbaum, Terry Myers, Barbara D. Goldberg, New York City, of counsel.

SPRIZZO, District Judge:

Plaintiffs Hawley Fuel Coalmart, Inc. and Hawley Fuel Coal, Inc. (collectively referred to as "plaintiff" or "Hawley") seek to enforce an alleged contract of guarantee against defendant Steag Handel, GmbH ("Steag"). Hawley, a supplier of coal to Alla Ohio Valley Coals, Inc. ("Alla"), alleged at trial that defendant Steag agreed to guarantee the debts of Alla to plaintiff in exchange for plaintiff's agreement to continue to deliver coal to...

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