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COLUMBIAN FUEL CORPORATION v. SUPERIOR COURT

158 A.2d 478 (1960)

COLUMBIAN FUEL CORPORATION, a Delaware corporation, Texaco, Inc., a Delaware corporation, and Pan American Petroleum Corporation, a Delaware corporation, Petitioners, v. SUPERIOR COURT OF the State of DELAWARE, In and For NEW CASTLE COUNTY, and The Honorable Andrew D. Christie, sitting as a Judge of that Court, Respondents, and Cities Service Gas Company, a Delaware corporation, Intervening Respondent.

Supreme Court of Delaware.

February 25, 1960.

Attorney(s) appearing for the Case

James M. Tunnell, Jr., of Morris, Nichols, Arsht & Tunnell, Wilmington, for petitioners.

Clark, Carr & Ellis, New York City, for petitioner Columbian Fuel Corp.

Paul F. Schlicher, New York City, and Alfred C. De Crane, Jr., Houston, Tex., for petitioner Texaco, Inc.

W.W. Heard, Tulsa, Okl., for petitioner Pan American Petroleum Corp.

Howard L. Williams, and Henry N. Herndon, Jr., of Morris, James, Hitchens & Williams, of Wilmington, and C. C. Mount, of Oklahoma City, Okl., and Jack Werner, of Washington, D. C., for intervening respondent Cities Service Gas Co.

Edmund D. Lyons, Washington, D. C., of Morris, James, Hitchens & Williams, of Wilmington, and John T. Grant, of Omaha, Neb., for Northern Natural Gas Co., amicus curiae.

SOUTHERLAND, C.J., and WOLCOTT and BRAMHALL, JJ., sitting.

SOUTHERLAND, Chief Justice.

The petition attacks the jurisdiction of the court below to entertain four actions at law brought by Cities Service Company against three defendants, the petitioners above named. In these actions Cities seeks to recover from defendants large sums of money representing part of the payments made by Cities to defendants for natural gas between January 1, 1954 and late 1957.

The factual background of the claims is as follows:

...

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