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MG REFINING & MARKETING v. KNIGHT ENTERPRISES

No. 94 CIV. 2512(SS).

25 F.Supp.2d 175 (1998)

MG REFINING & MARKETING, INC., Plaintiff, v. KNIGHT ENTERPRISES, INC. et al., Defendants.

United States District Court, S.D. New York.

October 26, 1998.

Attorney(s) appearing for the Case

Kaye, Scholer, Fierman, Hays & Handler, L.L.P., New York City, Randolph S. Sherman, Robert B. Bernstein, Jenny Pearlman, Roderick W. Chin, for Plaintiff.

Bode & Beckman, L.L.P., Washington, D.C., William H. Bode, James M. Ludwig, Daniel E. Cohen, Lane & Mittendorf, New York City, for Defendants.

OPINION AND ORDER

SOTOMAYOR, District Judge.

These cross-motions for summary judgment arise from a dispute between MG Marketing & Refining, Inc. ("MG") and eighteen of its customers, including Knight Enterprises, Inc. (collectively the "Customers"), in which the Customers allege breaches of certain 45-day contracts. In its pleadings, MG has admitted non-performance but asserts the affirmative defenses...

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