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GETTY TERMINALS CORP. v. COASTAL OIL NEW ENGLAND

Nos. 859, 1064, Dockets 92-7935, 92-7979.

995 F.2d 372 (1993)

GETTY TERMINALS CORP., Plaintiff-Appellee-Cross-Appellant, v. COASTAL OIL NEW ENGLAND, INC., Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 10, 1993.

Attorney(s) appearing for the Case

Igor Krol, New York City, (Eric M. Freedman, Alona Magidova, Krol & O'Connor, New York City, of counsel), for defendant-appellant-cross-appellee.

Robert G. Del Gadio, Uniondale, NY, for plaintiff-appellee-cross-appellant.

Before: MESKILL, Chief Judge, FEINBERG and WINTER, Circuit Judges.

WINTER, Circuit Judge:

Coastal Oil New England, Inc., a Massachusetts corporation, appeals from Judge Martin's award after a bench trial of $434,960 plus interest to Getty Terminals Corp., a New York corporation, for taxes it billed to Coastal. Coastal argues that the district court misapplied the New York Uniform Commercial Code ("UCC"). In particular, Coastal contends that, because the agreement between the parties was silent on the payment of taxes, the district...

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