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COMMERCE OIL REFINING CORP. v. MINER

No. 5475.

281 F.2d 465 (1960)

COMMERCE OIL REFINING CORP., Plaintiff, Appellant, v. William W. MINER et al., Defendants, Appellees.

United States Court of Appeals First Circuit.

June 16, 1960.

Attorney(s) appearing for the Case

Andrew P. Quinn, Providence, R. I., and Stephen P. Duggan, Jr., New York City, with whom Daniel J. Murray, A. Peter Quinn, Jr., Providence, R. I., Richard Hawkins, William J. Manning, Donald Oresman, New York City, Letts & Quinn, Providence, R. I., and Simpson, Thacher & Bartlett, New York City, were on brief, for appellant.

Salvatore L. Virgadamo, Newport, R. I., with whom Cornelius C. Moore, Newport, R. I., James A. Higgins, Providence, R. I., Francis J. Boyle, Newport, R. I., William C. Dorgan and Charles H. Drummey, Providence, R. I., were on brief, for appellees.

Roberts & Coffey, Dennis J. Roberts, Providence, R. I., amicus curiae for Town of Jamestown, Rhode Island.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

WOODBURY, Chief Judge.

Commerce Oil Refining Corporation, Commerce hereinafter, a Delaware corporation, filed a complaint in two counts. in the court below against seventeen named defendants, all citizens of Rhode Island, as individuals, and nine of them as officers and directors of the Jamestown Protective Association. Commerce alleged in its first count that it had a license from the Town of Jamestown to erect and operate an oil refinery in an area of the town zoned...

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