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STUART OXYGEN CO. v. JOSEPHIAN

No. 11445.

162 F.2d 857 (1947)

STUART OXYGEN CO., Limited, v. JOSEPHIAN.

Circuit Court of Appeals, Ninth Circuit.

June 18, 1947.

Attorney(s) appearing for the Case

Naylor & Lassagne, and Theodore H. Lassagne, all of San Francisco, Cal., for appellant.

Boyken, Mohler & Beckley, A. W. Boyken, and W. Bruce Beckley, all of San Francisco, Cal. (Reginald L. Vaughan, of San Francisco, Cal., of counsel), for appellee.

Before STEPHENS, HEALY, and BONE, Circuit Judges.

BONE, Circuit Judge.

Appellant, Stuart Oxygen Company (defendant below) and appellee, William Josephian (plaintiff below), are engaged as competitors in the business of producing and supplying oxygen for commercial use. The manufactured oxygen is normally pumped under very high pressure into steel cylindrical tanks so that it may be readily transported to the place of consumption. Because of the high pressures involved these tanks must be very strong and consequently...

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