Chemplex Co. v. Tauber Oil Co.

MEMORANDUM AND ORDER

STEPHENSON, Chief Judge.

This is a declaratory judgment action in which an adjudication of rights arising as a result of a contract between the parties is sought. The cause was tried to the Court sitting without a jury. Final briefs were submitted December 16, 1969, and this matter is now before the Court for final determination. Jurisdiction is based on diversity.

FINDINGS OF FACT

The facts giving rise to this litigation and pertinent to its determination are found by the Court to be as follows:

During the year 1967, Chemplex, an unincorporated joint venture,1 had under…