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BARNSDALL REFINERIES v. BIRNAMWOOD OIL CO.

No. 5450.

81 F.2d 569 (1936)

BARNSDALL REFINERIES, Inc., v. BIRNAMWOOD OIL CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied March 20, 1936.

Attorney(s) appearing for the Case

Clark M. Robertson, of Milwaukee, Wis., M. D. Kirk, of Tulsa, Okl., and Fraley N. Weidner, of Milwaukee, Wis., for appellant.

Carl N. Hill, John T. Harrington, and Harry Potter, all of Madison, Wis., for appellee.

Before EVANS, Circuit Judge, and LINDLEY and BRIGGLE, District Judges.

LINDLEY, District Judge.

Appellee, a wholesale dealer in gasoline and other petroleum products, brought suit in the District Court against appellant, a refiner of such commodities, upon a contract between the two, dated June 20, 1931, to recover the stipulated amount paid upon an alleged overcharge for "Be Square" gasoline purchased during the life of the contract. At the conclusion of the trial, the court directed a verdict for appellee and entered judgment for the...

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