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NEW YORK CENT. R. CO. v. TRANSAMERICAN PETROLEUM CORP.

No. 7000.

108 F.2d 994 (1939)

NEW YORK CENT. R. CO. v. TRANSAMERICAN PETROLEUM CORPORATION.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied February 5, 1940.

Attorney(s) appearing for the Case

Harry Z. Perel, Bernard Perel, and Abraham H. Maller, all of Chicago, Ill., for appellant.

Sidney C. Murray, Frederick W. Flott, and John B. Kneipple, all of Chicago, Ill., for appellee.

Before SPARKS, MAJOR, and KERNER, Circuit Judges.

MAJOR, Circuit Judge.

This is an appeal from a judgment entered April 4, 1939, in the sum of $1,059.20 in favor of the plaintiff.

The case was tried by the court upon a stipulation of facts as follows: Between September 17th and September 22nd, 1936, the Hurricane Petroleum Corp., at Overton, Texas (also referred to as the "shipper" or "consignor"), ordered the shipment of five cars of gasoline consigned to the defendant (also referred to as the "consignee...

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