OIL TRADING ASSOCIATES, INC. v. TEXAS CITY REFINING, INC.

No. 331, Docket 27415.

303 F.2d 713 (1962)

OIL TRADING ASSOCIATES, INC., Plaintiff-Appellant, v. TEXAS CITY REFINING, INC., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided June 1, 1962.


Attorney(s) appearing for the Case

Raoul Berger, Washington, D. C. (Milton Pollack and Samuel Greenspoon, New York City, on the brief), for plaintiff-appellant.

Edwin H. Krom, New York City (Wesley J. Liebeler and Carter, Ledyard & Milburn, New York City, on the brief), for defendant-appellee.

Before MOORE, SMITH and MARSHALL, Circuit Judges.


LEONARD P. MOORE, Circuit Judge.

Plaintiff, Oil Trading Associates, Inc. (OTA), appeals from a final judgment entered by express direction of the court pursuant to Rule 54(b), F.R.Civ.Proc., 28 U.S.C.A. dismissing on motion for partial summary judgment the First Claim of the complaint against defendant, Texas City Refining, Inc. (TCR). Jurisdiction is based upon diversity of citizenship and the requisite amount is in controversy.

Although an affidavit and...

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