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PPG INDUSTRIES, INC. v. SHELL OIL CO.

No. 90-3053 Summary Calendar.

919 F.2d 17 (1990)

PPG INDUSTRIES, INC., Plaintiff-Appellant, v. SHELL OIL COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 6, 1990.

Attorney(s) appearing for the Case

Gary M. Zwain, Andrew D. Weinstock, Duplass, Witman & Zwain, Metairie, La., Stephen A. Cozen, Huey Cotton, Cozen & O'Connor, Philadelphia, Pa., for PPG Industries, Inc.

Thomas J. Wyllie, Martin A. Stern, Adams & Reese, New Orleans, La., for Shell Oil Co.

James F. Holmes, Christovich & Kearney, New Orleans, La., for Brown & Root.

Before JONES, DUHÉ, and WIENER, Circuit Judges.

DUHÉ, Circuit Judge:

Appellant PPG Industries, Inc. seeks review of the district court's order granting summary judgment in favor of Shell for excusable non-performance of an ethylene delivery contract. Because we find the district court properly interpreted the force majeure clause and correctly applied the controlling law, we affirm and adopt its opinion. See PPG Industries, Inc. v. Shell Oil Co., 727 F.Supp. 285

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