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MAGNOLIA PETROLEUM CO. v. POWELL

No. 4569.

204 F.2d 253 (1953)

MAGNOLIA PETROLEUM CO. v. POWELL.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 22, 1953.

Attorney(s) appearing for the Case

James E. Horigan, Oklahoma City, Okl., for appellant.

Kelly Brown, Muskogee, Okl., and Hugh M. Bland, Ft. Smith, Ark., for appellee.

Before PHILLIPS, Chief Judge, and MURRAH and PICKETT, Circuit Judges.

PICKETT, Circuit Judge.

R. A. Powell was the bulk or wholesale dealer of petroleum products for the Magnolia Petroleum Company at Poteau, in LeFlore County, Oklahoma. These products included gasoline and kerosene which were consigned and delivered to Powell by Magnolia and placed in underground storage tanks from which quantities were taken and delivered to retail dealers and other customers. On August 25, 1951, Powell sold and delivered a quantity of kerosene to...

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