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UNION CARBIDE CORP. v. EXXON CORP.

No. 269, Docket 95-7302.

77 F.3d 677 (1996)

UNION CARBIDE CORPORATION, Plaintiff-Appellant, v. EXXON CORPORATION, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 29, 1996.

Attorney(s) appearing for the Case

William C. Heck, Kelley Drye & Warren, New York City (Gerald P. Reidy, Assistant General Counsel, Union Carbide Corp., Danbury, Connecticut, Bud G. Holman, Jeffrey A. Jennes, Kelley Drye & Warren, New York City, on the brief), for plaintiff-appellant.

James H. Carter, Jr., Sullivan & Cromwell, New York City (John L. O'Hern, Exxon Chemical Co., Houston, Texas, Edward R. Gallion, Steven Spielvogel, Sullivan & Cromwell, New York City, on the brief), for defendant-appellee.

Before MESKILL, KEARSE and ALTIMARI, Circuit Judges.

ALTIMARI, Circuit Judge:

Plaintiff-appellant Union Carbide Corporation ("Union Carbide"), appeals from a judgment of the United States District Court for the Southern District of New York (Preska, J.), granting summary judgment to defendant-appellee Exxon Corporation ("Exxon") with respect to all of Union Carbide's claims for relief. On appeal, Union Carbide contends that the district court erred in a number of respects, including finding as a matter of law...

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