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RYDER ENERGY DISTRIBUTION v. MERRILL LYNCH COMMODITIES

No. 82 Civ. 6688 (CSH).

684 F.Supp. 27 (1988)

RYDER ENERGY DISTRIBUTION CORPORATION, Plaintiff, v. MERRILL LYNCH COMMODITIES, INC., Defendant.

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

March 28, 1988.

Attorney(s) appearing for the Case

Newman Tannenbaum Helpern Syracuse & Hirschtritt, New York City, for plaintiff; Richard A. Miller, Vincent J. Syracuse, of counsel.

Roger & Wells, Washington, D.C., for defendant; Roger A. Clark, Stuart M. Goldberg, of counsel.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

Defendant Merrill Lynch Commodities, Inc. ("Merrill") moves for summary judgment pursuant to Rule 56, F.R.Civ.P.

In March 1982 plaintiff Ryder Energy Distribution Corporation ("REDCO") paid $3,471,300 to Two Oil, Inc. ("TOI") for 87,000 barrels of heating oil to be delivered in May. TOI failed to deliver the oil. REDCO never recovered the purchase price. Thus aggrieved, REDCO commenced this action...

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