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EMPIRE PETROLEUM CO. v. SINCLAIR PIPELINE CO.

Nos. 6255, 6256.

282 F.2d 913 (1960)

EMPIRE PETROLEUM COMPANY, Appellant, v. SINCLAIR PIPELINE COMPANY, Appellee. SINCLAIR PIPELINE COMPANY, Cross-Appellant, v. EMPIRE PETROLEUM COMPANY, Cross-Appellee.

United States Court of Appeals Tenth Circuit.

August 23, 1960.

Attorney(s) appearing for the Case

Anthony F. Zarlengo and Fred M. Winner, Denver, Colo. (William R. Loeffler, Denver, Colo., was with them on the brief), for appellant and cross-appellee.

Robert A. Dick of Akolt, Turnquist, Shepherd & Dick, Denver, Colo. (Frank Thompson, Independence, Kan., was with him on the brief), for appellee and cross-appellant.

Before BRATTON, PICKETT and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

As plaintiff below, Sinclair Pipeline Company, a common carrier engaged in the interstate transportation of oil, instituted this action against Empire Petroleum Company by complaint alleging five separate claims originating against Wisconsin Oil Refining Company and becoming the obligations of Empire through merger of that company with Wisconsin. The trial court gave judgment for Sinclair upon the first...

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