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OILEX A.G. v. MITSUI & CO. (U.S.A.), INC.

No. 87 Civ. 2356 (EW).

669 F.Supp. 85 (1987)

OILEX A.G., Plaintiff, v. MITSUI & CO. (U.S.A.), INC., Defendant.

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

September 15, 1987.

Attorney(s) appearing for the Case

White & Case, New York City, for plaintiff; Robert R. Slaughter, of counsel.

Patterson, Belknap, Webb & Tyler, New York City, for defendant; David W. Dykhouse, Theodore B. Van Itallie, Jr., Mark K. Dietrich, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Plaintiff Oilex A.G. ("Oilex") brings this action against Mitsui & Co. (U.S.A.) ("Mitsui") for breach of a November 1986 contract ("the Columbian contract") to purchase Columbian diesel fuel oil which Oilex claims did not meet the contract specifications. Mitsui counterclaims for plaintiff's breach of another contract to purchase Saudi Arabian gasoline allegedly entered into in January 1987. Oilex moves to dismiss...

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