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ATLANTIC RICHFIELD COMPANY v. ALCAN ALUMINUM HOLDINGS LIMITED

No. 96 Civ. 3956 (LLS).

12 F.Supp.2d 460 (1998)

ATLANTIC RICHFIELD COMPANY and Arco Aluminum, Inc., Plaintiffs, v. ALCAN ALUMINUM HOLDINGS LIMITED and Alcan Aluminum Corp., Defendants.

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

August 31, 1998.

Attorney(s) appearing for the Case

Arnold & Porter, New York City, for Plaintiffs; Bruce R. Kelly, William H. Voth, Jeffrey G. Cross, Roger P. Frendrich, Washington, DC, of counsel.

Jones, Day, Reavis & Pogue, Cleveland, OH, for Defendants; Richard B. Whitney, Mary Jordan Hughes, Mark A. Whitt, J. Kevin Cogan, Columbus, OH, of counsel.

MEMORANDUM and ORDER

STANTON, District Judge.

The issue is whether there is a justiciable case or controversy.

So far as relevant here, this is an action for a declaratory judgment granting plaintiffs ("ARCO") the right under section 7.3 of their Restructuring Agreement with the defendants ("Alcan") to change ARCO's production mix in a way which would increase its use of the hot mill capacity at the parties' Logan, Kentucky plant, thus reducing the...

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