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AMERICAN PETROLEUM CO. v. MISSOURI PAC. RY. CO.

No. 7798.

25 F.2d 441 (1928)

AMERICAN PETROLEUM CO. v. MISSOURI PAC. RY. CO.

Circuit Court of Appeals, Eighth Circuit.

March 22, 1928.

Attorney(s) appearing for the Case

N. C. Marsh, of El Dorado, Ark. (Marsh McKay & Marlin, of El Dorado, Ark., and W. W. Moore and T. J. Arnold, both of Houston, Tex., on the brief), for plaintiff in error.

E. B. Kinsworthy, of Little Rock, Ark. (Edward J. White, of St. Louis, Mo., on the brief), for defendant in error.

Before WALTER H. SANBORN and BOOTH, Circuit Judges, and MUNGER, District Judge.

MUNGER, District Judge.

The plaintiff below brought suit against the defendant railway company alleging a breach of contract. From a verdict and judgment in favor of the defendant, the plaintiff prosecuted this writ of error. The contract obligated the plaintiff to deliver a large amount of fuel oil to the defendant for use in operating the railway. It was to be delivered free on board the defendant's cars at designated stations, and was to be delivered in approximately...

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