Kaiser Trading Co. v. Associated Metals & Minerals Corp.

Good Law
321 F. Supp. 923·8 U.C.C. Rep. Serv. (West) 1021·1970 U.S. Dist. LEXIS 9189
United States District Court, Northern District of CaliforniaDecember 14, 1970C-70 2253California6,814 words

Opinion

Opinion

Levin, J.

OPINION AND ORDER

This action was commenced in the Superior Court in Alameda County, California, by the Kaiser Aluminum & Chemical Corporation and its wholly owned subsidiary, The Kaiser Trading Company [hereinafter referred to collectively as “Kaiser”], against the Associated Metals & Minerals Corporation [hereinafter referred to as “Associated”] for breach of contract. Plaintiffs seek a preliminary injunction, specific performance, and money damages. The suit was removed to this court pursuant to 28 U.S.C. § 1441 . The relevant facts are as follows:

The Kaiser Trading Company is in the business of buying and selling commodities throughout the world. Kaiser Aluminum & Chemical Corporation is a leading manufacturer of aluminum, with plants throughout the United States; through its associates and subsidiaries, it also has interests in aluminum throughout the world. Defendant Associated is in the business of buying and selling metals, minerals, chemicals, and related commodities. One such commodity, which is the subject matter of the contract giving rise to this action, is cryolite, an indispensable chemical compound used in the production of aluminum.

In 1969, Kaiser and…

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