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WESTERN VEGETABLE OILS CO. v. SOUTHERN COTTON OIL CO.

No. 10455.

141 F.2d 235 (1944)

WESTERN VEGETABLE OILS CO., Inc., v. SOUTHERN COTTON OIL CO. et al.

Circuit Court of Appeals, Ninth Circuit.

March 1, 1944.

Attorney(s) appearing for the Case

Manson, Allan & Miller, of San Francisco, Cal., for appellant.

S. Hasket Derby, Joseph C. Sharp, James A. Quinby, Lloyd M. Tweedt, and Derby, Sharp, Quinby & Tweedt, all of San Francisco, Cal. (John J. Whelan, of San Francisco, Cal., of counsel), for appellee Southern Cotton Oil Co.

Before WILBUR, GARRECHT, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

Southern Cotton Oil Company contracted with Western Vegetable Oils Company for the purchase of a tank car of coconut oil. Western, in July 1941, loaded the oil into one of its tank cars and delivered the car to Southern Pacific Company at Oakland for transportation to Gretna, Louisiana. The oil (which had been paid for by the purchaser) was lost in transit.

For convenience Southern Cotton Oil Company will hereafter be called the buyer...

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