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STERLING ALUMINUM PRODUCTS v. SHELL OIL CO.

No. 12694.

140 F.2d 801 (1944)

STERLING ALUMINUM PRODUCTS, Inc., v. SHELL OIL CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied March 27, 1944.

Attorney(s) appearing for the Case

Wayne C. Smith, Jr., of St. Louis, Mo., for appellant.

John S. Marsalek, of St. Louis, Mo. (W. E. Moser and Moser, Marsalek & Dearing, all of St. Louis, Mo., on the brief), for appellee.

Before THOMAS and JOHNSEN, Circuit Judges, and MOORE, District Judge.

JOHNSEN, Circuit Judge.

The action is one under Missouri law1 for breach of warranty in the sale of a fluid manufactured by defendant and purchased by plaintiff for use in testing automobile motor blocks for cracks, by the application of air pressure to the sealed, fluid-filled block.

Plaintiff alleged that defendant had surveyed its testing operations and, after being informed that plaintiff desired a penetrative fluid that was...

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