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PHIBRO ENERGY v. EMPRESA DE POLIMEROS DE SINES SARL

No. 87 Civ. 5861 (PKL).

720 F.Supp. 312 (1989)

PHIBRO ENERGY, INC., Plaintiff, v. EMPRESA DE POLIMEROS DE SINES SARL, Defendant.

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

August 28, 1989.

Attorney(s) appearing for the Case

Cahill Gordon & Reindel, New York City, for plaintiff; Laurence A. Silverman, Steven M. Lieberman, and James Cappio, of counsel.

Krol & O'Connor, New York City, for defendant; Igor Krol and Mark G. O'Connor, of counsel.

ORDER AND OPINION

LEISURE, District Judge:

Phibro Energy, Inc. ("Phibro"), the buyer, has brought this breach of contract action against the seller, Empresa De Polimeros De Sines Sarl ("EPSI"). Plaintiff claims defendant has breached a contract dated September 22, 1986, for the sale of 2000 metric tons of polypropylene, under four separate theories. First, Phibro alleges that in January, 1987, EPSI anticipatorily breached the contract by falsely representing...

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