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HENRY G. MEIGS, INC. v. EMPIRE PETROLEUM COMPANY

Nos. 12698, 12709.

273 F.2d 424 (1960)

HENRY G. MEIGS, INC., Plaintiff-Appellant, v. EMPIRE PETROLEUM COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

January 11, 1960.

Attorney(s) appearing for the Case

Ray T. McCann and Richard A. McDermott, Milwaukee, Wis., for appellant.

John S. Walter, Sheboygan, Wis., William R. Loeffler, Denver, Colo., for appellee.

Before HASTINGS, Chief Judge, KNOCH, Circuit Judge, and PLATT, District Judge.

PLATT, District Judge.

Henry G. Meigs, Inc., plaintiff-appellant (plaintiff), brought this action to recover damages for breach of contract of April 27, 1956, with Empire Petroleum Company, defendant-appellee (defendant). The contract provided in part that in the event the parties were unable to negotiate a new contract for 1957 plaintiff's claim for $39,098.05 would become due and payable, less any payment made by defendant. No contract was consummated for 1957 and...

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