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LOUIS DREYFUS CORP. v. COOK INDUSTRIES, INC.

Nos. 79 Civ. 6274, 79 Civ. 6499.

505 F.Supp. 4 (1980)

In the Matter of the Application of LOUIS DREYFUS CORPORATION, Petitioner, For a Judgment Permanently Staying the Arbitration Commenced by v. COOK INDUSTRIES, INC., Respondent. INDUSTRIE CHIMICHE ITALIA CENTRALE S.p.AL., Petitioner, v. LOUIS DREYFUS CORPORATION, Respondent.

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

April 24, 1980.

Attorney(s) appearing for the Case

Kramer, Lowenstein, Nessen, Kamin & Soll, New York City, for petitioners.

Alvin L. Stern, Pavia & Harcourt, New York City, for respondents.

MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

In August of 1974 Cook and Dreyfus entered into a contract in which Cook agreed to sell and Dreyfus agreed to purchase 15,000 long tons of Canadian Feed Barley at 150 dollars per metric ton, subject to a "tolerance" of 5 percent more or less on the amount shipped. Subsequent to the purchase by Dreyfus from Cook, Dreyfus entered into a contract to sell these same goods to Industrie Chimiche Italia Centrale...

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