Legal Opinion

Nobs Chemical, U.S.A., Inc. And Calmon-Hill Trading Corp., Cross-Appellees v. Koppers Co., Inc., Cross-Appellant, Schenectady Chemicals, Inc.

Court of Appeals for the Fifth Circuit

Decided May 2, 1980No. 77-3202PublishedCited by 56 opinions

1Opinion of the Court

HENDERSON, Circuit Judge:

Koppers Company contracted with the plaintiffs, Nobs Chemical, U.S.A., Inc. (hereinafter referred to as “Nobs”) and Calmon-Hill Trading Corporation (hereinafter referred to as “Calmon-Hill”) to purchase 1000 metric tons of cumene. 1 Koppers breached the contract. Nobs and CalmonHill brought suit in United States District Court for the Southern District of Texas, and the case was tried before the court sitting without a jury.

The district court found that the plaintiffs had arranged to purchase the cumene in Brazil for $400.00 a ton and to expend $45.00 per ton for the…

2Cases cited15 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. Harvey Thomas Smoot, Jr. v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1962
  4. Fredonia Broadcasting Corporation, Inc. v. Rca CorporationCourt of Appeals for the Fifth Circuit · 1973
  5. Neri v. Retail Marine Corp.New York Court of Appeals · 1972

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3Cited by56 opinions

  1. Moises Galindo v. Precision American Corp., Georgia Pacific CorporationCourt of Appeals for the Fifth Circuit · 1985
  2. James Leroy Jackson v. Johns-Manville Sales Corporation and Raybestos-Manhattan, Inc., DefendantsCourt of Appeals for the Fifth Circuit · 1986
  3. Edward Fritz v. Standard Security Life Insurance Company of New YorkCourt of Appeals for the Eleventh Circuit · 1982
  4. Fed. Sec. L. Rep. P 98,777, 11 Fed. R. Evid. Serv. 781 Chemetron Corporation, Cross-Appellant v. Business Funds, Inc., Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1982
  5. Emma Taylor v. General Motors CorporationCourt of Appeals for the Eleventh Circuit · 1989

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