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IN RE NATIONAL DEVELOPERS, INC.

No. 85-7481.

803 F.2d 616 (1986)

In re NATIONAL DEVELOPERS, INC., Debtors. NATIONAL DEVELOPERS, INC., a corporation, et al., Plaintiffs-Appellees, v. CIBA-GEIGY CORPORATION, a corporation; Delvan Development Corporation, a corporation, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

October 30, 1986.

Attorney(s) appearing for the Case

Thomas A. Butler, Butler, Fitzgerald & Potter, New York City, Susan A. Glover, Reams, Wood, Vollmer, Killion & Brooks, P.C., James D. Brooks, Mobile, Ala., for defendants-appellants.

John B. Crawley, Troy, Ala., George Azar, Montgomery, Ala., Robert H. Ford, Huntsville, Ala., for plaintiffs-appellees.

Before TJOFLAT and ANDERSON, Circuit Judges, and MORGAN, Senior Circuit Judge.

TJOFLAT, Circuit Judge:

I.

In the mid-1970's, appellee National Developers, Inc. (NDI) began making plans for the construction of a plant in McIntosh, Alabama to manufacture anhydrous ammonia. In furtherance of these plans, NDI entered into a contract with appellant Delvan Development Corporation (Delvan) on September 25, 1975; Delvan agreed to supply NDI with natural gas for the operation of the proposed plant. On the same date, NDI entered into a contract...

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