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HERZINGER v. STANDARD OIL COMPANY OF CALIFORNIA

No. 12668.

190 F.2d 695 (1951)

HERZINGER v. STANDARD OIL COMPANY OF CALIFORNIA et al.

United States Court of Appeals Ninth Circuit

July 12, 1951.

Attorney(s) appearing for the Case

Orville R. Wilson, Elko, Nev., R. P. Parry, J. R. Keenan, T. M. Robertson, John H. Daly, all of Twin Falls, Idaho, for appellant.

Samuel Platt, Reno, Nev., Wallace L. Kaapcke, Alexander R. Imlay, San Francisco, Cal. (Marshall P. Madison, Francis R. Kirkham, San Francisco, Cal. of counsel), for appellee Standard Oil Co. of California.

Morley Griswold and George L. Vargas, John S. Halley, all of Reno, Nev., for appellee Odermatt.

Before BONE and ORR, Circuit Judges, and FEE, District Judge.

ORR, Circuit Judge.

Appellant was the owner and operator of a service station situate at Mineral Hot Springs, Nevada. Appellee Odermatt, hereinafter referred to as Odermatt, was a wholesale dealer in petroleum products furnished him by Standard Oil Company of California, hereinafter referred to as Standard.

On the 3rd day of May 1947 Odermatt caused to be delivered to Herzinger a tank truck load of gasoline from which two underground tanks were filled. After...

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