FARMERS CO-OP. OIL CO. v. SOCONY-VACUUM OIL CO.

No. 12369.

133 F.2d 101 (1942)

FARMERS CO-OP. OIL CO. v. SOCONY-VACUUM OIL CO., Inc., et al.

Circuit Court of Appeals, Eighth Circuit.

December 28, 1942.


Attorney(s) appearing for the Case

Edward E. Baron, of Sioux City, Iowa (E. G. Dunn and Dunn & Danforth, all of Mason City, Iowa, Leonard Simmer, of Ottumwa, Iowa, and Neal J. Huff, of Chicago, Ill., on the brief), for appellant.

David T. Searls, of Chicago, Ill. (Gene M. Woodfin, of Houston, Tex., R. L. Wagner and John C. Zwick, both of Chicago, Ill., Leon E. Isaksen, of Madison, Wis., S. A. Mitchell, of Chicago, Ill., R. D. Shewmaker, of St. Louis, Mo., Henry C. Shull, of Sioux City, Iowa, Vinson, Elkins, Weems & Francis, of Houston, Tex., Thomas, Orr & Isaksen, of Madison, Wis., Thompson, Mitchell, Thompson & Young, of St. Louis, Mo., and Shull & Marshall, of Sioux City, Iowa, on the brief), for appellees.

Before GARDNER, WOODROUGH, and THOMAS, Circuit Judges.


THOMAS, Circuit Judge.

This is an appeal from a judgment sustaining defendants' motion to dismiss the complaint on the ground that it fails to state a claim upon which relief can be granted.

The plaintiff, Farmers Co-operative Oil Company, is a corporation operating under Chapter 390.1 of the Code of Iowa. Its place of business is at Sheldon in the Northern District of Iowa. The defendant corporations are among those...

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