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McALESTER FUEL CO. v. SAN ANTONIO PUBLIC SERVICE CO.

No. 5773.

40 F.2d 844 (1930)

McALESTER FUEL CO. et al. v. SAN ANTONIO PUBLIC SERVICE CO.

Circuit Court of Appeals, Fifth Circuit

May 16, 1930.

Attorney(s) appearing for the Case

Eugene P. Locke and Albert S. Johnson, both of Dallas, Tex. (Locke, Locke, Stroud & Randolph, of Dallas, Tex., on the brief), for appellants.

Howard Templeton and S. J. Brooks, both of San Antonio, Tex. (Templeton, Brooks, Napier & Brown, of San Antonio, Tex., on the brief), for appellee.

Before BRYAN and FOSTER, Circuit Judges, and GRUBB, District Judge.

BRYAN, Circuit Judge.

The McAlester Fuel Company, an Oklahoma corporation, filed a bill in equity to enjoin the San Antonio Public Service Company, a Texas corporation, from breaching a contract between them by discontinuing the purchase of lignite, and substituting gas for use as fuel in an electric power plant at New Braunfels, Tex.

The contract in question was originally entered into between the fuel company and the Comal Power Company, but the rights and...

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