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AMERICAN DREDGING CO. v. PLAZA PETROLEUM INC.

No. 90 CV 0353 (SJ).

845 F.Supp. 91 (1993)

AMERICAN DREDGING COMPANY, Plaintiff, v. PLAZA PETROLEUM INCORPORATED, Kerr-McGee Refining Corporation, Royal Petroleum, a division of Kerr-McGee Refining Corporation, and Eklof Marine Corporation, Defendants.

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

January 21, 1993.

Attorney(s) appearing for the Case

Michael D. Martucci, by Michael D. Martucci, New York City, for plaintiff.

Selverne & Flam by Eric Vaughn Flam, New York City, for defendant Plaza Petroleum Inc.

Paul, Hastings, Janofsky & Walker by Kevin C. Logue, New York City, for defendants Kerr-McGee Refining Corp. and Royal Petroleum.

Freehill Hogan & Mahar by James L. Ross, New York City, for Eklof Marine Corp.

MEMORANDUM AND ORDER

JOHNSON, District Judge:

Plaintiff American Dredging Company ("ADC") purchased 38,000 gallons of "No. 2 fuel oil" from Plaza Petroleum Inc. ("Plaza"). Plaza, in turn, contacted Royal Petroleum, a division of Kerr McGee Refining Corporation, Inc. (collectively "KMRC") and purchased 38,000 gallons of fuel from KMRC. Eklof Marine Corp. ("Eklof") was engaged to transport the fuel.

Plaintiff ADC filed suit against the seller...

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