Carbo Industries, Inc. v. Coastal Refining & Marketing, Inc.

*219SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be and it hereby is AFFIRMED.

Plaintiff-appellant Carbo Industries, Inc. (“Carbo”), appeals from a March 29, 2005, judgment of the United States District Court for the Eastern District of New York (Denis R. Hurley, Judge) denying Carbo’s motion for partial summary judgment and granting defendants-appellees Coastal Refining & Marketing, Inc., and El Paso Corporation’s cross-motion for summary judgment.

We review de novo the grant or denial of summary judgment. Tasini v. N.Y.…