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DI GAETANO v. TEXAS COMPANY

No. 13592.

300 F.2d 895 (1962)

Marco DI GAETANO and Philomena Di Gaetano v. The TEXAS COMPANY, a Delaware Corporation, Marco Di Gaetano, Appellant.

United States Court of Appeals Third Circuit.

Decided March 15, 1962.

Attorney(s) appearing for the Case

Samuel H. Nelson, Bilder, Bilder & Freeman, Newark, N. J. (Walter J. Bilder and David A. Biederman, Newark, N. J., on the brief), for plaintiffs-appellants.

Amzy B. Steed, New York City, Katzenbach, Gildea & Rudner, Trenton, N. J. (Milton Handler, Stanley D. Robinson, Cecelia H. Goetz, New York City, on the brief), for defendant-appellee.

Before BIGGS, Chief Judge, and McLAUGHLIN and FORMAN, Circuit Judges.

BIGGS, Chief Judge.

The plaintiff-appellant, Marco Di Gaetano, is the operator of a gasoline service station at Trenton, New Jersey, selling the products of the defendant-appellee, The Texas Company. His wife, Philomena, is his nominal partner in the enterprise.1 On May 11, 1956, Texas entered into a so-called "non-signer agreement" with a retailer whereby the Di Gaetanos because of the New Jersey...

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