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GREGORY v. CHEMICAL WASTE MANAGEMENT, INC.

Civil No. 93-23443-H/V.

38 F.Supp.2d 598 (1996)

Mark W. GREGORY, et al., Plaintiffs, v. CHEMICAL WASTE MANAGEMENT, INC., Defendant.

United States District Court, W.D. Tennessee, Western Division.

December 11, 1996.

Attorney(s) appearing for the Case

Jef Feibelman, Burch Porter & Johnson, Memphis, TN, Joel H. Porter, Susan M. Clark, Burch Porter & Johnson, Memphis, TN, John S. Wilder, Sr., John S. Wilder & Associates, Somerville, TN, William D. Scruggs, E. Allen Dodd, Jr., William D. Scruggs, Fort Payne, AL, for plaintiffs.

G. Ray Bratton, Farris Mathews Branan & Hellen, Memphis, TN, Francis J. Higgins, Bell Boyd & Lloyd, Chicago, IL, Kenneth E. Rechtoris, Bell, Boyd & Floyd, Chicago, IL, for defendant.

OPINION AND ORDER

HORTON, District Judge.

This action by Plaintiffs charges the Defendant with breaching two important provisions of a contract to purchase a waste disposal site near Emelle, Alabama. The two provisions allegedly violated are the quarterly payment provision, paragraph 2.1 of the contract, and paragraph 6.11, the maximization provision. Additionally, Plaintiffs also charge the Defendant with fraud, willful misrepresentation and suppression...

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