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CITIES SERVICE GAS COMPANY v. SKELLY OIL COMPANY

Civ. A. No. 1981.

165 F.Supp. 31 (1958)

CITIES SERVICE GAS COMPANY, a corporation, Plaintiff, v. SKELLY OIL COMPANY, a corporation, Defendant.

United States District Court D. Delaware.

August 11, 1958.

Attorney(s) appearing for the Case

John J. Morris, Jr., and Howard L. Williams (of Morris, James, Hitchens & Williams), Wilmington, Del., C. C. Mount, O. R. Stites, Gordon J. Quilter, Oklahoma City, Okl., of counsel, for plaintiff.

David F. Anderson and Richard F. Corroon (of Berl Potter & Anderson), Wilmington, Del., C. L. Swim, Hawley C. Kerr, Tulsa, Okl., for defendant.

LAYTON, District Judge.

This is a common-law action brought to recover for breaches of written contracts, and, in the alternative for breaches of implied contracts resulting in unjust enrichment. The action was instituted originally in the Superior Court of Delaware for New Castle County and was removed by the defendant to this Court. Plaintiff has moved to remand the case to the Superior Court.

Both the plaintiff and the defendant are Delaware corporations...

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