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CITIES SERVICE OIL COMPANY v. COLEMAN OIL COMPANY, INC.

No. 72-1250.

470 F.2d 925 (1972)

CITIES SERVICE OIL COMPANY, Plaintiff-Appellee, v. COLEMAN OIL COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided December 19, 1972.

Attorney(s) appearing for the Case

Samuel H. Borenkind, New York City, with whom Sanderson & Dudley and David Sanderson, Portsmouth, N. H., were on brief, for appellant.

Ronald L. Snow, Concord, N. H., with whom Neil F. Castaldo and Orr & Reno, Concord, N. H., were on brief, for appellee.

Before COFFIN, Chief Judge, and McENTEE and CAMPBELL, Circuit Judges.

McENTEE, Circuit Judge.

This appeal involves the validity of seven gasoline service station leases between appellant, Coleman Oil Company (Coleman) and plaintiff, appellee, Cities Service Oil Company (Cities). Since 1941 appellant has acted as a wholesale distributor of oil products manufactured by Cities, receiving payment from the latter on a commission basis. In conjunction with this arrangement, Coleman acquired and developed numerous gasoline service station...

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