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SULPHURIC ACID TRADING v. GREENWICH INS.

211 S.W.3d 243 (2006)

SULPHURIC ACID TRADING CO., INC. v. GREENWICH INSURANCE COMPANY, et al.

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

July 31, 2006.

Permission to Appeal Denied December 18, 2006.

Attorney(s) appearing for the Case

Joel J. Henderson and Edward D. Lamar, Greenville, Mississippi, and David F. Hensley, Chattanooga, Tennessee, for the appellant, Sulphuric Acid Trading Company, Inc.

Michael E. Richardson, Chattanooga, Tennessee, for the appellee, Xavier Chemical Company.

Charles Platto and Sarah Shelburne North, Norwich, Vermont, and Shelby Grubbs, Leah Gerbitz, and Robert F. Parsley, Chattanooga, Tennessee, for the appellee, Greenwich Insurance Company.

Permission to Appeal Denied by Supreme Court December 18, 2006.

OPINION

CHARLES D. SUSANO, JR., J., delivered the opinion of the court, in which HERSCHEL P. FRANKS, P.J., and SHARON G. LEE, J., joined.

The plaintiff, Sulphuric Acid Trading Company, Inc., ("the Owner"), entered into an agreement with the defendant, Xavier Chemical Company ("the Loading Company"), by the terms of which the Loading Company was to transload the Owner's product, sulphuric...

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