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CDR-WANTAGH, INC. v. SHELL OIL COMPANY

No. 07-CV-4497 (DRH) (ETB).

CDR-WANTAGH, INC. and CHRISTINE D. RIVERA, Individually and as Trustee for the benefit of James Delyanis, Plaintiffs, v. SHELL OIL COMPANY and MOTIVA ENTERPRISES LLC, Defendants.

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

January 5, 2012.

Attorney(s) appearing for the Case

ROSENBERG CALICA & BIRNEY LLP, Robert M. Calica, Esq. , Megan F. Carroll, Esq. , Garden City, New York, Attorneys for Plaintiffs.

EPSTEIN BECKER & GREEN P.C., William A. Ruskin, Esq. , Victoria Sloan, Esq. , New York, New York, Attorneys for Defendants.

MEMORANDUM AND ORDER

DENIS R. HURLEY, Senior District Judge.

Following a bench trial of this breach of contract action, the Court issued Findings of Fact and Conclusions of Law on December 20, 2011 (the "Order"), and concluded that "[p]laintiffs have failed to establish their breach of contract claim against Shell as alleged in their first cause of action." (Order at 34.)1 Plaintiffs' second cause of action, which was "predicated...

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