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GULF REFINING CO. v. FETSCHAN

No. 9060.

130 F.2d 129 (1942)

GULF REFINING CO. v. FETSCHAN et al.

Circuit Court of Appeals, Sixth Circuit.

Rehearing Denied August 28, 1942.

Attorney(s) appearing for the Case

Hugh McD. Ritchey and Joseph S. Graydon, both of Cincinnati, Ohio, H. Melvin Roberts, of Cleveland, Ohio, and David Proctor, Jr., of Pittsburgh, Pa. (William A. McKenzie, and Graydon, Lackner, Head & Ritchey, all of Cincinnati, Ohio, and Howell, Roberts & Duncan, of Cleveland, Ohio, on the brief), for appellant.

R. T. Dickerson, of Cincinnati, Ohio (Harold L. Browne, and Richard Remke, both of Cincinnati, Ohio, on the brief), for appellees.

Before ALLEN, HAMILTON, and McALLISTER, Circuit Judges.

McALLISTER, Circuit Judge.

This is a suit brought by Louis Fetschan, herein referred to as appellee, against the Gulf Refining Company for damages. The Cross Park Realty Company was joined as a nominal party defendant. Appellee had verdict, in the amount of $7,908.00, upon which judgment was entered, and the Gulf Refining Company appeals. The action grows out of the erection and operation, by appellant, of a refinery upon land adjoining that leased by appellee. The...

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