BASF CORPORATION v. LYONDELL CHEMICAL COMPANY

Docket No. A-1119-07T2.

BASF CORPORATION, Plaintiff-Respondent, v. LYONDELL CHEMICAL COMPANY, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 28, 2010.


Attorney(s) appearing for the Case

Steven P. Benenson, argued the cause for appellant (Porzio, Bromberg & Newman P.C., attorneys; Mr. Benenson and John T. Chester, of counsel and on the briefs; Mark D. Debrowski, Borden R. Gillis, and Eric L. Probst, on the briefs).

Christopher Landau (Kirkland & Ellis LLP) of the Washington D.C. bar, admitted pro hac vice, argued the cause for respondent (Tompkins, McGuire, Wachenfeld & Barry, LLP, attorneys; William B. McGuire, William H. Trousdale, Mr. Landau, Eugene F. Assaf, (Kirkland & Ellis LLP) of the Washington D.C. bar, admitted pro hac vice, and Daniel T. Donovan (Kirkland & Ellis LLP) of the Washington D.C. bar, admitted pro hac vice, of counsel and on the brief).

Before Judges Payne, Miniman, and Waugh.


NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

PER CURIAM.

This appeal involves the interpretation and enforcement of certain pricing provisions contained in a long-term contract for the processing of propylene into propylene oxide,1 a process known as "tolling." Plaintiff BASF Corporation (BASF) brought suit against defendant Lyondell Chemical Corporation (Lyondell),2 contending...

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