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LONE STAR INDUSTRIES, INC. v. AMERICAN CHEMICAL, INC.

No. 85-CC-1362.

480 So.2d 730 (1986)

LONE STAR INDUSTRIES, INC. v. AMERICAN CHEMICAL, INC. and Jimmie M. Strickland.

Supreme Court of Louisiana.

Rehearing Granted February 20, 1986.

Attorney(s) appearing for the Case

Michael Fawer, Bradley Smolkin, Frank Nicotera, Fawer, Brian, Hardy & Zatzkis, New Orleans, for applicant.

John Wilkinson, Wilkinson & Wilkinson, New Orleans, for respondent.

BLANCHE, Justice.

Lone Star Industries, Inc. entered into an agreement with American Chemical, Inc. for the sale of approximately 10,000 barrels of No. 6 fuel oil. As a condition to delivery of the fuel, the agreement required American Chemical to deliver a certified check in the amount of $100,000.00 to Lone Star. The balance due was to be paid after delivery. On September 13, 1980, a check drawn on American Chemical's account signed by Kay Strickland, but not certified...

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