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STATE FUEL CO. v. GULF OIL CORPORATION

No. 4443.

179 F.2d 390 (1950)

STATE FUEL CO. v. GULF OIL CORPORATION.

United States Court of Appeals First Circuit.

January 18, 1950.

Attorney(s) appearing for the Case

Edmund Burke, Boston, Mass. (Carl H. Amon, Jr., Boston, Mass., with him on the brief), for appellant.

Frank B. Wallis, Boston, Mass. (Harris A. Reynolds, Robert J. Holmes, and Goodwin, Procter & Hoar, Boston, Mass., with him on the brief), for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and McALLISTER, Circuit Judges.

MAGRUDER, Chief Judge.

Gulf Oil Corporation, a Pennsylvania corporation, brought suit in the district court against State Fuel Company, a Massachusetts corporation, on a complaint which, as far as is material at the present stage of the case, alleged that the parties had agreed on a contract for the shipment of kerosene in drums in box cars by Gulf to State; that the costs to be incurred by State in unloading the kerosene so shipped were to be compensated for by the...

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