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STANDARD OIL CO. v. WRIGHT OIL SERVICE CO.

No. 2703.

26 F.2d 895 (1928)

STANDARD OIL CO. v. WRIGHT OIL SERVICE CO.

Circuit Court of Appeals, Fourth Circuit.

June 12, 1928.

Attorney(s) appearing for the Case

Douglas W. Brown, of Huntington, W. Va., and Rowland K. Adams, of Baltimore, Md. (Fitzpatrick, Brown & Davis, of Huntington, W. Va., on the brief), for plaintiff in error.

George S. Wallace and L. L. Wilson, both of Huntington, W. Va., for defendant in error.

Before WADDILL, PARKER, and NORTHCOTT, Circuit Judges.

PARKER, Circuit Judge.

Plaintiff in error, the Standard Oil Company of New Jersey, was plaintiff in the court below, and the Wright Oil Service Company, a corporation of Huntington, W. Va., was defendant. The action was instituted to recover on a contract for gasoline sold and delivered to defendant. There was no controversy as to any of the items embraced in the declaration, but defendant pleaded as a counterclaim that in violation of the contract plaintiff had collected...

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