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STANDARD OIL COMPANY v. WHITNEY BROTHERS COMPANY

Nos. 3711, 3712.

16 F.2d 1021 (1927)

STANDARD OIL COMPANY, Appellant, v. WHITNEY BROTHERS COMPANY, Appellee. WHITNEY BROTHERS COMPANY, Appellant, v. STANDARD OIL COMPANY, Appellee.

Circuit Court of Appeals, Seventh Circuit.

January 12, 1927.

Attorney(s) appearing for the Case

C. E. Kremer and R. Branand, Jr., both of Chicago, Ill., for appellant.

H. R. Spencer, of Duluth, Minn., for appellee.

Before ALSCHULER, PAGE, and ANDERSON, Circuit Judges.

PAGE, Circuit Judge.

This is an appeal and a cross-appeal. Standard Oil Company, appellant in No. 3711 and appellee in No. 3712, is here called appellant, and Whitney Brothers Company, appellee in No. 3711 and appellant in No. 3712, is here called appellee.

In the Duluth-Superior harbor, the interstate railroad bridge swings open on a center pier. On the north and south of the center pier is water of ample depth, 200 feet wide, for the passage of boats. Appellant...

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