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SPEYER, INC. v. HUMBLE OIL AND REFINING COMPANY

Nos. 17057, 17058.

403 F.2d 766 (1968)

SPEYER, INC., and Yellow Cab Company of Erie, Appellants, v. HUMBLE OIL AND REFINING COMPANY and A. O. Smith Corporation. Speyer, Inc., Appellant in No. 17057. Yellow Cab Company of Erie, Appellant in No. 17058.

United States Court of Appeals Third Circuit.

Decided November 12, 1968.

Rehearing Denied January 7, 1969.

As Amended April 14, 1969.

Attorney(s) appearing for the Case

John G. Gent, Quinn, Plate, Gent, Buseck & Leemhuis, William Knox, Knox, Graham, Pearson & McLaughlin, Erie, Pa., for appellants.

Cloyd R. Mellott, Eckert, Seamans & Cherin, Pittsburgh, Pa., John M. Wolford, Dunn & Wolford, Erie, Pa., Barton Z. Cowan, Pittsburgh Pa., on the brief, for appellee, Humble Oil & Refining Co.

Raymond G. Hasley, Rose, Schmidt & Dixon, Pittsburgh, Pa. (Roger Curran, Pittsburgh, Pa., on the brief), for appellee, A. O. Smith Corp.

Before McLAUGHLIN, KALODNER and ALDISERT, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge:

A gasoline fire destroyed plaintiff Speyer's garage and sixty-five taxicabs owned by plaintiff Yellow Cab Company of Erie, a tenant of Speyer. A diversity suit to recover the fire damage was instituted in the District Court against Humble Oil and Refining Company, a gasoline supplier, and A. O. Smith Corporation, successor-in-interest to the manufacturer of a certain gasoline pump. A twelve-day non-jury trial...

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