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ATLAS PETROLEUM CO. v. COCKLIN

No. 9240.

59 F.2d 571 (1932)

ATLAS PETROLEUM CO. v. COCKLIN et al.

Circuit Court of Appeals, Eighth Circuit.

May 5, 1932.

Attorney(s) appearing for the Case

W. E. Mitchell, of Council Bluffs, Iowa (William E. Mitchell, of Council Bluffs, Iowa, and Forest W. Hanna, of Kansas City, Mo., on the brief), for appellant.

John J. Hess, of Council Bluffs, Iowa (G. C. Dalton, of Atlantic, Iowa, on the brief), for appellees.

Before STONE and BOOTH, Circuit Judges, and WYMAN, District Judge.

WYMAN, District Judge.

This action was instituted by appellant as plaintiff below against appellees for the recovery of damages claimed to have been sustained by reason of an alleged breach on the part of the appellees of a certain written contract.

Upon its face the contract in question purports to be an unqualified agreement on the part of the appellees to purchase, and on the part of appellant to sell and deliver, one hundred cars of distillate of 8,000...

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