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FOREST COMMODITY v. LONE STAR INDUSTRIES

No. A02A0141.

564 S.E.2d 755 (2002)

255 Ga. App. 244

FOREST COMMODITY CORPORATION v. LONE STAR INDUSTRIES, INC. et al.

Court of Appeals of Georgia.

Reconsideration Denied May 3, 2002.

Attorney(s) appearing for the Case

Bouhan, Williams & Levy, Roy E. Paul, Walter C. Hartridge, David M. Conner, Savannah, for appellant.

Hunter, Maclean, Exley & Dunn, Robert S. Glenn, Jr., Colin A. McRae, Savannah, for appellees.

JOHNSON, Presiding Judge.

Construction Aggregates, Ltd., owned by Lone Star Industries, Inc. (jointly referred to as "CAL"), was in the business of mining and shipping aggregate stone. Forest Commodity Corporation ("FCC") owns an ocean terminal facility, where ships can unload and store bulk cargo. On August 1, 1994, CAL and FCC entered into a three-year contract for the "thru-putting" of aggregate stone. In the contract, FCC agreed to provide terminal space for unloading...

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