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REINAUER v. TIDE WATER OIL SALES CORPORATION

Nos. 4736, 4961.

67 F.2d 206 (1933)

REINAUER et al. v. TIDE WATER OIL SALES CORPORATION. PUBLIC SERVICE OIL CORPORATION v. SAME.

Circuit Court of Appeals, Third Circuit.

September 21, 1933.

Attorney(s) appearing for the Case

Merritt Lane and Minturn & Weinberger, all of Newark, N. J., for appellants.

Edwards, Smith & Dawson, of Jersey City, N. J. (Edwin F. Smith and Charles M. James, both of Jersey City, N. J., of counsel), for appellee.

Before BUFFINGTON, WOOLLEY, and THOMPSON, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below Tide Water Oil Sales Corporation, a corporate citizen of Delaware (hereafter called Tide), brought suit and recovered a money judgment against Public Service Oil Corporation, a corporate citizen of New Jersey (hereafter called Public), for gasoline sold and delivered to Public under a written contract. Public, admitting it had not paid therefor, set up a counterclaim that Tide had breached the contract by the nondelivery...

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