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IN RE CHARTER CO.

Nos. 89-3419, 89-3607.

913 F.2d 1575 (1990)

In re the CHARTER COMPANY, et al., Debtors. CHARTER CRUDE OIL COMPANY, Charter International Oil Company, Plaintiffs-Appellees, v. EXXON COMPANY, U.S.A., a DIVISION OF EXXON CORPORATION, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 11, 1990.

Attorney(s) appearing for the Case

Hywel Leonard, Alan C. Sundberg, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., for defendant-appellant.

James H. Post, Raymond R. Magley, Jacksonville, Fla., for plaintiffs-appellees.

Before TJOFLAT, Chief Circuit Judge, FAY, Circuit Judge, and HOFFMAN, Senior District Judge.

FAY, Circuit Judge:

Charter Crude Oil Company ("CCOC"), and Charter International Oil Company ("CIOC") (collectively referred to as "Charter"), as debtors-in-possession in bankruptcy, sued Exxon Company, U.S.A. ("Exxon"), a division of Exxon Corporation, to recover amounts owed under several contracts. In a consolidated non-core proceeding, the bankruptcy court, contrary to express contractual setoff provisions, found that...

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