SMILLIE v. CONTINENTAL OIL COMPANY

Civ. A. No. 4617.

127 F.Supp. 508 (1954)

Robert F. SMILLIE, doing business as Granby Dairy, Plaintiff, v. CONTINENTAL OIL COMPANY, a corporation, Defendant.

United States District Court D. Colorado.

December 13, 1954.


Attorney(s) appearing for the Case

Barnard & Barnard, Granby, Colo., Attys. at law, John B. Barnard, Granby, Colo., for plaintiff.

Ivor O. Wingren and Charles A. Murdock, Denver, Colo., for defendant.


KNOUS, Chief Judge.

Herein the defendant has interposed a motion to dismiss upon the ground that the complaint fails to state a claim upon which relief can be granted.

After alleging that the business of the defendant, among other things, consists of "distributing and dealing in petroleum products," the complaint further charges that "on or about the ninth day of November, 1953, defendant removed certain underground metal tanks, located closely adjacent to...

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