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BALLARD OIL TERMINAL CORP. v. MEXICAN PETROLEUM CORP.

Nos. 2207, 2210.

28 F.2d 91 (1928)

BALLARD OIL TERMINAL CORPORATION v. MEXICAN PETROLEUM CORPORATION et al. BALLARD OIL BURNING EQUIPMENT CO. v. SAME.

Circuit Court of Appeals, First Circuit.

August 27, 1928.

Attorney(s) appearing for the Case

Sherman L. Whipple, of Boston, Mass. (Philip N. Jones, Claude B. Cross, and Boyd B. Jones, all of Boston, Mass., on the brief), for plaintiffs in error.

Dean Emery, of New York City (Kellogg, Emery, Inness-Brown & Cuthell, of New York City, Hinckley, Allen, Tillinghast & Phillips, and Chauncey E. Wheeler, all of Providence, R. I., and Jesse F. Orton, of New York City, on the brief), for defendant in error Mexican Petroleum Corporation.

F. H. Nash, of Boston, Mass., for defendants in error Petroleum Heat & Power Co. and Palmer.

Before BINGHAM and JOHNSON, Circuit Judges, and HALE, District Judge.

JOHNSON, Circuit Judge.

These two cases are brought here by writs of error to the District Court of the United States for the District of Massachusetts from a judgment sustaining a demurrer to the declaration in each case.

The defendants, with one exception, are the same in both cases, and, while the plaintiffs are not, the facts are so interwoven and connected that both cases may be treated conveniently in one opinion...

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