Atlantic Richfield Company v. Alcan Aluminum Holdings Limited

MEMORANDUM and ORDER

STANTON, District Judge.

The issue is whether there is a justiciable case or controversy.

So far as relevant here, this is an action for a declaratory judgment granting plaintiffs (“ARCO”) the right under section 7.3 of their Restructuring Agreement with the defendants (“Alcan”) to change ARCO’s production mix in a way which would increase its use of the hot mill capacity at the parties’ Logan, Kentucky plant, thus reducing the amount of hot mill hours available to Alcan.

Plaintiffs’ trial brief on that issue stated (May 22,1998 Pretrial Memo p. 7):

While ARCO Aluminum’s…