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MESSER GRIESHEIM v. EASTMAN CHEMICAL

194 S.W.3d 466 (2005)

MESSER GRIESHEIM INDUSTRIES, INC. v. EASTMAN CHEMICAL COMPANY.

Court of Appeals of Tennessee, Eastern Section, at Knoxville.

November 10, 2005.

Permission to Appeal Denied April 24, 2006.

Attorney(s) appearing for the Case

Gregory M. Leitner, Michael K. Alston, and Timothy L. Mickel, Chattanooga, Tennessee, Mark G. Arnold, St. Louis, Missouri, Arthur G. Seymour, Jr., Knoxville, Tennessee, for the Appellant Messer Griesheim Industries, Inc., d/b/a MG Industries.

W. Randall Wilson, James T. Williams, IV, and William A. Harris, III, Chattanooga, Tennessee, for the Appellee Eastman Chemical Company.

Permission to Appeal Denied by Supreme Court April 24, 2006.

OPINION

D. MICHAEL SWINEY, J., delivered the opinion of the court, in which HERSCHEL P. FRANKS, P.J., and CHARLES D. SUSANO, JR., J., joined.

Eastman Chemical Company ("Eastman") and Cryotech of Kingsport, Inc. ("Cryotech") entered into an agreement whereby Cryotech would purchase non-food grade feedgas from Eastman which was roughly 78% carbon dioxide ("CO2"). Cryotech...

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