|AZA Attorneys Todd Mensing and Reed Smith noted in Law360 article|
Air Liquide Says Plant Closure Doesn't Void Supply Deal
|June 18, 2012 11:42 pm|
New York (June 18, 2012, 9:02 PM ET) -- Air Liquide America LP on Friday hit American Chemet Corp. with a suit in Texas state court, alleging it is trying to dodge a supply agreement amid an environmental cleanup effort that is forcing demolition of the industrial gas giantís Montana plant.
American Chemet wants out of a $33,000-per-month liquid oxygen supply contract ó not because of the impending plant closure, but because it believes it can get better prices from other providers, the suit said.
Air Liquide said it offered several plans for providing uninterrupted delivery of liquid oxygen to American Chemet, all of which were rejected. Air Liquide claims American Chemet is using the plant closure as a pretext to get out of its agreement.
"Instead, [American Chemet] has taken the position that the anticipated closure of the oxygen plant has created insecurity of performance and ... plans to argue that Air Liquide has repudiated the agreement," the suit said. "[American Chemet] is in the process of building liquid oxygen storage tanks on its own property. The tanks will be capable of processing liquid oxygen of the same sort to be provided by Air Liquide in the agreement."
American Chemet could not be reached for comment Monday.
The suit alleges breach of contract and seeks declaratory relief.
Counsel information for American Chemnet was not available.
The case is Air Liquide America LP., et. al. v. American Chemnet Corp., case number 2012-35018, in the 234th Judicial District Court of Harris County, Texas.
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