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CRYOGENIC EQUIPMENT, INC. v. SOUTHERN NITROGEN, INC.

No. 73-1436.

490 F.2d 696 (1974)

CRYOGENIC EQUIPMENT, INC., and Fidelity and Deposit Company of Maryland, Appellants, v. SOUTHERN NITROGEN, INC., and Hunter Turbo Corp., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 22, 1974.

Attorney(s) appearing for the Case

Robert C. Compton, El Dorado, Ark., for appellant.

William J. Wynne, El Dorado, Ark., and William H. Hodge, Little Rock, Ark., for appellee.

Before BRIGHT and STEPHENSON, Circuit Judges, and STUART, District Judge.

STUART, District Judge.

Southern Cryogenics, Inc., a corporation not a party to this action, was formed in the early 1960's to produce and market liquid oxygen. One of the by-products of the process used by Southern to produce the oxygen was another common, but potentially profitable gas — nitrogen. Because Southern lacked the facilities needed to liquify this gaseous by-product, the nitrogen produced was simply bled off into the atmosphere and wasted. In an...

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