WINKLER-KOCH ENGINEERING CO. v. UNIVERSAL OIL PROD. CO.


100 F.Supp. 15 (1951)

WINKLER-KOCH ENGINEERING CO. v. UNIVERSAL OIL PRODUCTS CO. (Delaware) et al.

United States District Court S. D. New York.

July 16, 1951.


Attorney(s) appearing for the Case

Paul Kolisch, New York City, J. Bernhard Thiess, Thorley von Holst, Sidney Neuman, Robert W. Poore, and Ralph E. Church, Jr., all of Chicago, Ill., of counsel, for plaintiff.

Chadbourne, Parke, Whiteside, Wolff & Brophy, New York City, Leonard P. Moore, New York City, of counsel, for Atlantic Refining Co.

M. S. Gibson, New York City, for Gulf Oil Corp.

Townley, Updike & Carter, New York City, George Townley, New York City, A. Leslie Hodson, Chicago, Ill., of counsel, for Standard Oil Co. (Indiana).

Oscar John Dorwin, New York City, for Texas Co.

E. M. Freeman, New York City, for Gasoline Products Co.

Cahill, Gordon, Zachry & Reindel, New York City, for M. W. Kellogg Co.

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, for Standard Oil Co. (New Jersey).

Cravath, Swaine & Moore, New York City, for Shell Union Oil Corp.


NEVIN, District Judge (sitting by designation).

On August 18, 1948, with the consent and upon the agreement of all the parties to this action, an order (later to be referred to) was approved by Chief Judge Knox, wherein it was provided inter alia that "the issues presented by the affirmative defenses of the statutes of limitations to the claim asserted in the particularized complaint be tried as separate issues in advance of the trial of the other issues of...

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