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WESTERN OIL & FUEL COMPANY v. KEMP

Nos. 15622, 15623.

245 F.2d 633 (1957)

WESTERN OIL & FUEL COMPANY, a Delaware Corporation, Appellant, v. Orval L. KEMP, Webb Oil Company of Duluth, a Minnesota corporation, and Lake Superior Refining Company, a Wisconsin corporation, Appellees. Orval L. KEMP, Webb Oil Company of Duluth, a Minnesota corporation, and Lake Superior Refining Company, a Wisconsin corporation, Appellants, v. WESTERN OIL & FUEL COMPANY, a Delaware corporation, Appellee.

United States Court of Appeals Eighth Circuit.

June 25, 1957.

Attorney(s) appearing for the Case

Daniel H. Mundt, Duluth, Minn. (Thomas M. McCabe and McCabe, Van Evera, Donovan & Mundt, Duluth, Minn., on the brief), for Western Oil & Fuel Co.

Ray G. Palmer, Duluth, Minn. (Palmer, Hood, Crassweller & McCarthy, Duluth, Minn., on the brief), for Orval L. Kemp and others.

Before JOHNSEN, VOGEL and VAN OOSTERHOUT, Circuit Judges.

VOGEL, Circuit Judge.

Western Oil and Fuel Company, plaintiff, instituted this action against Orval L. Kemp and Marian J. Kemp, his wife, doing business as Webb Oil Company of Duluth, for breach of contracts and Webb Oil Company of Duluth, a Minnesota corporation, and Lake Superior Refining Company, a Wisconsin corporation, for inducing the breach of and interfering with the same contracts. The case was tried in the United States District Court for the District of...

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