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CARGILL, INC. v. SEARS PETROLEUM & TRANSPORT CORP.

No. 5:03-CV-0530 (DEP).

388 F.Supp.2d 37 (2005)

CARGILL, INCORPORATED, Plaintiff, v. SEARS PETROLEUM & TRANSPORT CORP., and Sears Ecological Applications Co., LLC, Defendants.

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

August 25, 2005.

Attorney(s) appearing for the Case

Alan M. Anderson, Scott A. Marks, Mark Mutterperl, Christopher Young, Renee L. Jackson, Fulbright & Jaworski, Minneapolis, MN, for Plaintiff.

Indranil Mukerji, Wall, Marjama & Bilinski, LLP, Syracuse, NY, William R. Hansen, Lathrop & Gage, New York City, John Dellaportas, Duane Morris, New York City, for Defendants.

DECISION AND ORDER

PEEBLES, United States Magistrate Judge.

This action arises out of a commercial dispute between Cargill, Inc. ("Cargill"), a Delaware corporation with a principal place of business in Wayzata, Minnesota and engaged principally in the manufacture and sale of agricultural, food, and industrial products and services, and defendant Sears Petroleum & Transport Corporation ("Sears Petroleum") and its affiliate, Sears Ecological Applications...

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