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EASTERN STATES PETROLEUM CO. v. GILLILAND REFINING CO.

No. 8807.

103 F.2d 186 (1939)

EASTERN STATES PETROLEUM CO., Inc., v. GILLILAND REFINING CO.

Circuit Court of Appeals, Fifth Circuit.

April 8, 1939.

Attorney(s) appearing for the Case

M. S. McCorquodale, of Houston, Tex., and J. N. Saye, of Longview, Tex., for appellant.

Gordon Simpson, of Tyler, Tex., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

HOLMES, Circuit Judge.

This appeal is from a judgment in favor of appellee, as cross-complainant, in an action by appellant against appellee for breach of contract for the sale of 75,000 barrels of fuel oil. Appellant entered a non-suit on its original demand, and the judgment under review was for the recovery of the purchase price of oil sold to appellant by appellee.

To appellant's original action for damages in the sum of $33,775.39, appellee, by answer...

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