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TARBERT TRADING, LTD. v. COMETALS, INC.

No. 84 Civ. 3512 (BN) (GLG).

663 F.Supp. 561 (1987)

TARBERT TRADING, LTD., Plaintiff, v. COMETALS, INC., Defendant.

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

June 17, 1987.

Attorney(s) appearing for the Case

Lee A. Pollock, White Plains, N.Y., for plaintiff.

Baer Marks & Upham, New York City by Eugene R. Scheiman, Deborah R. Linfield, for defendant.

OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW

NEWMAN, Senior Judge, United States Court of International Trade, sitting as a District Court Judge, by designation:

Introduction

This diversity case, tried to the court,1 has as its genesis a February 1984 contract between the parties covering the sale by plaintiff's South African agent to defendant of approximately 2000 metric tons of Kenyan red haricot beans, 1982...

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