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CERES INC. v. ACLI METAL & ORE CO.

No. 77 C 2176.

451 F.Supp. 921 (1978)

CERES INCORPORATED, Plaintiff, v. ACLI METAL & ORE COMPANY and Intsel Corporation, Defendants.

United States District Court, N. D. Illinois, E. D.

June 8, 1978.

Attorney(s) appearing for the Case

R. R. McMahan, of Lord, Bissell & Brook, Chicago, Ill., for plaintiff.

James S. Montana, Jr., Chicago, Ill., for defendant ACLI Metal & Ore Co.

William J. Holloway, William G. Swindal, of Hinshaw, Culbertson, Moelmann & Hoban, Chicago, Ill., for defendant Intsel.

MEMORANDUM OPINION

GRADY, District Judge.

On May 27, 1977, ACLI Metal & Ore Co. ("ACLI") agreed to sell Great Lakes Metal Corporation ("Great Lakes") approximately 300 metric tons of zinc which was being stored by Ceres, Incorporated ("Ceres") in Portage, Indiana. In exchange for the zinc, Great Lakes agreed to pay $.31¼ a pound net cash against a commercial invoice, delivery order, and weight/assay certificate and agreed to accept delivery at Ceres...

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