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JACOBY v. SHELL OIL CO.

No. 10563.

196 F.2d 855 (1952)

JACOBY v. SHELL OIL CO.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied June 25, 1952.

Attorney(s) appearing for the Case

Harold G. Talley, Alton, Ill., for appellant.

Robert A. Stephens, Jr., Springfield, Ill., for appellee.

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

DUFFY, Circuit Judge.

Plaintiff brought this action seeking damages and equitable relief. Count 1 of the amended complaint is for damages for breach of a written lease or for breach of an oral agreement to make such lease; Count 2 is in tort for damages for alleged wrongful refusal of defendant to perform said lease agreement or agreement to make said lease and for defendant's wrongful conduct in violating a fiduciary duty...

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