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MONOLITH PORTLAND CEMENT CO. v. DOUGLAS OIL CO. OF CAL.

No. 17036.

303 F.2d 176 (1962)

MONOLITH PORTLAND CEMENT COMPANY, a corporation, Appellant, v. DOUGLAS OIL COMPANY OF CALIFORNIA, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

As Amended on Denial of Rehearing May 16, 1962.

Attorney(s) appearing for the Case

Joseph T. Enright, Norman Elliott, Bill B. Betz, Los Angeles, Cal., for appellant.

Goggin, Tollefsen & Bumb, Robert L. Tollefsen, Los Angeles, Cal., for appellee.

Before CHAMBERS, JERTBERG and MERRILL, Circuit Judges.

CHAMBERS, Circuit Judge.

Monolith operates a cement plant near Tehachapi, California. Douglas is an oil producer. One of its products is commercial fuel oil, a residue in distillation of petroleum. Monolith's plant, as all cement plants, needs fuel to make the clinkers that ultimately become cement. The Tehachapi plant has dual firing equipment. Sometimes natural gas is used and other times it is fuel oil.

For industrial use in California, proper governmental...

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