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WARREN v. SKELLY OIL COMPANY

No. 5269.

235 F.2d 722 (1956)

S. E. WARREN, doing business as Home Oil Company, Appellant, v. SKELLY OIL COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

July 17, 1956.

Attorney(s) appearing for the Case

Howard B. McClellan, Clayton, N. M. (Timothy P. Woolston, Albuquerque, N. M., on the brief), for appellant.

Ross L. Malone, for Atwood & Malone, Jr., Roswell, N. M. (Charles L. Bacon, Marshall, Mo., on the brief), for appellee.

Before BRATTON, Chief Judge, and HUXMAN and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

This action was originally instituted in three counts by S. E. Warren, doing business as Home Oil Company in New Mexico, against Skelly Oil Company, a corporation, to recover damages allegedly occurring through breach of contract and tortious conduct by Skelly. The latter claim was apparently abandoned at trial and no present complaint is made.

Appellant is a distributor and jobber of petroleum products in New Mexico and neighboring states...

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