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PURE OIL CO. v. TUCKER

No. 13592.

164 F.2d 945 (1947)

PURE OIL CO. v. TUCKER.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied February 16, 1948.

Attorney(s) appearing for the Case

Ben A. Harper and Gene M. Woodfin, both of Houston, Tex. (Donald Evans, of Des Moines, Iowa, Vinson, Elkins, Weems & Francis, of Houston, Tex., and Evans, Riley, English & Jones of Des Moines, Iowa, on the brief), for appellant.

Howard L. Bump, of Des Moines, Iowa, and Noel D. Shinn, of Knoxville, Iowa (Charles M. Bump, of Des Moines, Iowa, and Joe M. Johnston, of Knoxville, Iowa, on the brief), for appellee.

Before GARDNER, THOMAS and JOHNSEN, Circuit Judges.

THOMAS, Circuit Judge.

The appellant, the Pure Oil Company, an Ohio corporation, is engaged in the business of refining, purchasing, transporting and selling gasoline and other petroleum products. The appellee, L. D. Tucker, a resident of Knoxville, Iowa is engaged in retailing all such products. On September 1, 1939, the parties entered into two written contracts. By the terms of one of the contracts the Oil Company sold to Tucker certain described real estate situated...

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