SEABOARD TERMINAL CORPORATION v. STANDARD OIL CO.

No. 253.

104 F.2d 659 (1939)

SEABOARD TERMINALS CORPORATION et al. v. STANDARD OIL CO. OF NEW JERSEY et al.

Circuit Court of Appeals, Second Circuit.

June 12, 1939.


Attorney(s) appearing for the Case

O'Connor & Farber, of New York City (Henry K. Urion and Stephen V. Ryan, Jr., both of New York City, of counsel), for appellants.

Davis, Polk, Wardwell, Gardiner & Reed, of New York City (John W. Davis, Edwin F. Blair, Luke W. Finlay, and D. Nelson Adams, all of New York City, of counsel), for Standard Oil Co.

Kellogg, Emery & Inness-Brown, of New York City (David Paine and Harold Kronig, both of New York City, of counsel), for American Oil Co.

Before L. HAND, AUGUSTUS N. HAND, and CLARK, Circuit Judges.


PER CURIAM.

We adopt as our own Judge Patterson's opinion, D.C., 24 F.Supp. 1018, so far as it disposes of the action against the Standard Oil Company of New Jersey and the American Oil Company. We do not commit ourselves, however, as to the proposition that on a motion for summary judgment affidavits going beyond the complaint can under no circumstances be considered. The judgment finally disposes of the action, and if facts...

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