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Contracts Keyed to Epstein
BRC Rubber & Plastics, Inc. v. Con’l Carbon Co.
Citation:
981 F.3d 618: 103 U.C.C. rep. Serv. 2d (Callaghan) 468 (2020)Facts
Plaintiff BRC Rubber & Plastics, Inc. designs and manufactures rubber and plastic products, primarily for the automotive industry. Defendant Continental Carbon Company manufactures carbon black, an ingredient in many rubber products. In 2009, BRC and Continental signed a five-year contract, in which Continental agreed to supply BRC with 1.8 million pounds of prime furnace black annually. In April 2011, supplies of carbon black were tight. Continental tried to use market shortages to impose an increase in the baseline prices for to BRC. Continental agrees that its actions gave BRC reasonable grounds for insecurity.
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