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BOC GROUP, INC. v. CHEVRON CHEMICAL CO., LLC

819 A.2d 431 (2003)

359 N.J. Super. 135

BOC GROUP, INC., Plaintiff-Respondent, v. CHEVRON CHEMICAL COMPANY, LLC, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided April 3, 2003.

Attorney(s) appearing for the Case

Joseph P. La Sala argued the cause for appellant (McElroy, Deutsch & Mulvaney, Morristown, attorneys; Mr. La Sala, of counsel; Nancy McDonald and George A. Kelman, Roseland, on the brief).

Michael L. Rosenberg, Trenton, argued the cause for appellant (Sterns & Weinroth, attorneys; Mr. Rosenberg, of counsel; Marshall D. Bilder and Christopher E. Torkelson, on the brief).

Before Judges SKILLMAN, CUFF and WINKELSTEIN.

The opinion of the court was delivered by WINKELSTEIN, J.A.D.

Plaintiff contracted with defendant to deliver liquid nitrogen, primarily from its Michoud, Louisiana plant, to defendant's oil refinery production facility located in Belle Chase, Louisiana. Defendant uses liquid nitrogen to ensure the safe operation of its plant. Defendant claims that plaintiff repeatedly failed to timely deliver the liquid nitrogen, dropping...

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