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TEXAS CO. v. Z. & M. INDEPENDENT OIL CO.

66 F.Supp. 957 (1945)

TEXAS CO. v. Z. & M. INDEPENDENT OIL CO., Inc.

District Court, N. D. New York.

July 31, 1945.

Attorney(s) appearing for the Case

Brown, Hubbard, Felt, Ryan & Fuller, of New York City (Gay H. Brown, of Utica, N. Y., John T. Ryan, of New York City, S. A. L. Morgan, of Amarillo, Tex., and A. H. Colcord, of New York City, of counsel), for plaintiff.

Milbank, Tweed & Hope, of New York City (John A. Kelly, of New York City, Edward C. Rowe, of Hamilton, N. Y., and L. Reyner Samet, of New York City, of counsel), for defendant.

BRENNAN, District Judge.

The plaintiff, as its principal relief in this action, seeks to obtain a judgment decreeing the specific performance of an agreement dated September 20, 1929, or, in the alternative, a declaratory judgment defining the legal rights and relationship of the parties.

The jurisdiction of this Court is founded upon diversity of citizenship and no question is raised as to the power of the Court to pass upon the issues involved.

The...

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