Vulcan Materials Company v. Atofina Chemicals, Inc.
United States District Court for the District of Kansas
355 F. Supp. 2d 1214 (2005)
Vulcan Materials Company (Vulcan) (plaintiff) produced chloroform. Atofina Chemicals, Inc. (Atofina) (defendant) operated a plant in Kansas where it manufactured a product containing chloroform. Vulcan and Atofina entered into a contract under which Atofina would purchase its entire requirement of chloroform for its Kansas plant from Vulcan. Atofina stopped purchasing chloroform from Vulcan and closed its Kansas plant, but continued to manufacture and sell the same amount of its product. Vulcan sued Atofina for breach of contract. Vulcan moved for a finding on summary judgment that Atofina breached its agreement to purchase its chloroform requirements from Vulcan.
Rule of Law
Holding and Reasoning (Marten, CJ.)
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