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TOYOMENKA PACIFIC PETRO. v. HESS OIL V.I. CORP.

No. 90 Civ. 3720 (MGC).

771 F.Supp. 63 (1991)

TOYOMENKA PACIFIC PETROLEUM, INC., Plaintiff, v. HESS OIL VIRGIN ISLANDS CORP., Defendant.

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

As amended July 24, 1991.

Attorney(s) appearing for the Case

Burlingham Underwood & Lord by Michael Marks Cohen, John G. Ingram, New York City, for plaintiff.

Hill, Betts & Nash by John F. Keating, New York City, for defendant.

AMENDED OPINION AND ORDER

CEDARBAUM, District Judge.

Plaintiff Toyomenka Pacific Petroleum, Inc. ("Toyomenka") is a California corporation. Defendant Hess Oil Virgin Islands Corp. ("Hess") is a U.S. Virgin Islands corporation. Toyomenka brings this diversity action to recover demurrage for Hess's delay in taking delivery of a cargo under a contract for the sale of crude oil. Both parties have moved for summary judgment. Because the material facts are not...

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