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ELF AQUITAINE, INC. v. PLACID OIL COMPANY

Civ. A. Nos. 85-182 MMS to 85-185 MMS.

624 F.Supp. 994 (1985)

ELF AQUITAINE, INC., a Delaware corporation, Plaintiff, v. PLACID OIL COMPANY, a Delaware corporation, Defendant. ELF AQUITAINE, INC., a Delaware corporation, Plaintiff, v. SUN PRODUCTION COMPANY, a Delaware corporation, Defendant. ELF AQUITAINE, INC., a Delaware corporation, Plaintiff, v. PLACID REFINING COMPANY, a Delaware corporation, Defendant. ELF AQUITAINE, INC., a Delaware corporation, Plaintiff, v. MURPHY OIL USA, INC., a Delaware corporation, Defendant.

United States District Court, D. Delaware.

December 27, 1985.

Attorney(s) appearing for the Case

Stephen E. Herrmann, of Richards, Layton & Finger, Wilmington, Del. (John P. Mathis, Randolph Q. McManus, and Christopher J. Braun, of Baker & Botts, Washington, D.C., of counsel), for plaintiffs.

John H. Small, and Norman L. Pernick, of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, Del. (Allen Weed, and Mark M. Petzinger, of Shank, Irwin & Conant, Dallas, Tex., of counsel), for defendants Placid Oil Co. and Placid Refining Co.

William O. LaMotte, III, of Morris, Nichols, Arsht & Tunnell, Wilmington, Del. (James Baller, and Barbara I. Berschler, of Baller & Hammett, P.C., Washington, D.C., of counsel), for defendant Sun Production Co.

Lawrence C. Ashby, of Ashby, McKelvie & Geddes, Wilmington, Del., (David A. Holzworth, M. Bradford Moody, and C. Fairly Spillman, of Akin, Gump, Strauss, Hauer & Feld, Washington, D.C., of counsel), for defendant Murphy Oil USA, Inc.

OPINION

MURRAY M. SCHWARTZ, Chief Judge.

Plaintiff Elf Aquitaine, Inc. ("Elf") brought separate suits in this Court against four purchasers of its crude oil, alleging that they failed to pay the full amounts due under the agreements of sale. Presently before the Court are motions filed by defendants to dismiss the complaints for lack of subject-matter jurisdiction and for failure to state a claim upon which relief can be granted under the Delaware statute...

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