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KOLMAR GROUP A.G. v. TRAXPO ENTERPRISES PRIVATE

No. 07 Civ. 10343(LAK).

651 F.Supp.2d 209 (2009)

KOLMAR GROUP A.G., Plaintiff, v. TRAXPO ENTERPRISES PRIVATE LIMITED, a/k/a/ Traxpo Enterprises, et al., Defendants.

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

September 9, 2009.

Attorney(s) appearing for the Case

Anne Casey Levasseur, Charles Edmund Murphy, Kevin John Lennon, Patrick F. Lennon, Lennon, Murphy & Lennon, LLC, New York, NY, for Plaintiff.

Rahul Wanchoo, Law Offices of Rahul Wanchoo, New York, NY, for Defendants.

MEMORANDUM AND ORDER

LEWIS A. KAPLAN, District Judge.

Plaintiff Kolmar Group A.G. ("Kolmar") contracted to purchase a quantity of methanol, F.O.B. Kandla, India, from defendant Traxpo Enterprises Pvt. Ltd. ("Traxpo"), title to the goods to pass upon the loading of the cargo on the vessel. The contract included a provision entitled "Maritime Conditions," which defined the rights and obligations of the parties concerning laytime and demurrage.

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