Legal Opinion

Absolute Trading Corp. v. Bariven S.A.

Court of Appeals for the Eleventh Circuit

Decided January 4, 2013No. 12-12234Unpublished

Non-Argument Calendar.

1Per curiam

Absolute Trading Company (Absolute) and Bariven, a wholly-owned subsidiary of the Venezuelan-owned Petróleos de Venezuela, S.A. (PDVSA), entered into a contract for Absolute to sell $123.5 million worth of powdered milk to Bariven. The contract provided that Absolute would deliver 26,000 metric tons of powdered milk from China to Venezuela in several shipments. This agreement was precipitated by widespread food shortages in Venezuela.

Absolute sent its first milk shipment to Venezuela in June 2008. Over the next few months, Absolute sent another eighteen shipments to Venezuela. In September…

2Cases cited9 opinions

  1. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  2. Saudi Arabia v. NelsonSupreme Court of the United States · 1993
  3. Laura Ann Vermeulen v. Renault, U.S.A., Inc., Regie Nationale Des Usines RenaultCourt of Appeals for the Eleventh Circuit · 1993
  4. Douglas Asphalt Co. v. Qore, Inc.Court of Appeals for the Eleventh Circuit · 2011
  5. Royal Typewriter Company, a Division of Litton Business Systems, Inc., a Corporation v. Xerographic Supplies Corporation, a CorporationCourt of Appeals for the Eleventh Circuit · 1983

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