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GALLO v. JOHNSON OIL CO., INC.

11 A.D.2d 718 (1960)

John Gallo, Respondent, v. Johnson Oil Company, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 20, 1960

Judgment affirmed, with costs.

No opinion.

Ughetta, J., dissents and votes to reverse the judgment and to dismiss the complaint, with the following memorandum:

Plaintiff operates two gasoline pumps in connection with his refreshment stand business. Defendants are distributors of gasoline in the county. During the contract period there came into existence a new type of gasoline pump designed to mix gasoline with octane concentrate in variable...

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