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ATLANTIC RICHFIELD CO. v. MALCO PETROLEUM, INC.

No. 72-1395.

471 F.2d 1258 (1972)

ATLANTIC RICHFIELD COMPANY, Plaintiff-Appellee, v. MALCO PETROLEUM, INC., et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

December 18, 1972.

Attorney(s) appearing for the Case

Irving I. Saul, Dayton, Ohio, for defendants-appellants.

George F. Karch, Jr., Cleveland, Ohio, for plaintiff-appellee; William D. Ginn, Thompson, Hine & Flory, Cleveland, Ohio, on brief.

Before PHILLIPS, Chief Judge, KENT, Circuit Judge and CECIL, Senior Circuit Judge.

PHILLIPS, Chief Judge.

Appellant Malco Petroleum, Inc. (Malco)1 agreed in 1965 to become a distributor of Atlantic Richfield Company (Atlantic)2 products. At the same time that the distributor agreement was signed, Atlantic lent Malco $200,000 at low interest. The debt was evidenced by a promissory note from Malco to Atlantic. According to the terms of the promissory...

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