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CONSUMERS PETROLEUM CO. v. CONSUMERS CO.

Nos. 9859, 9860.

176 F.2d 441 (1949)

CONSUMERS PETROLEUM CO. v. CONSUMERS CO. (two cases).

United States Court of Appeals Seventh Circuit.

As Amended on Denial of Rehearing September 30, 1949.

Attorney(s) appearing for the Case

Albert E. Jenner, Jr., Edward H. Hatton, Chicago, Ill., Harry G. Hershenson, Chicago, Ill., James B. McKeon, Chicago, Ill. (Hershenson & Hershenson, Poppenhusen, Johnston, Thompson & Raymond, Chicago, Ill., of counsel), for Consumers Petroleum Co.

Joseph B. Fleming, Carl S. Lloyd, Chicago, Ill., Lloyd M. Bowden, Chicago, Ill., Edward C. Caldwell, Chicago, Ill. and Kirkland, Fleming, Green, Martin & Ellis, Chicago, Ill. for Consumers Co.

Before MAJOR, Chief Judge, DUFFY, Circuit Judge, and LINDLEY, District Judge.

MAJOR, Chief Judge.

The controversy before us is the aftermath of a suit brought by Consumers Petroleum Company (plaintiff) against Consumers Company of Illinois (defendant) for unfair competition in the marketing of fuel oils in the Chicago metropolitan area. From a decree dismissing the complaint for want of equity, an appeal was taken to this court which, with one Judge dissenting, reversed the District Court "with directions to proceed in accordance with the views...

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