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SWANN OIL, INC. v. KEYSTONE PORTLAND CEMENT CO.

Civ. A. No. 74-2158.

385 F.Supp. 1299 (1974)

SWANN OIL, INC., Plaintiff, v. KEYSTONE PORTLAND CEMENT COMPANY.

United States District Court, E. D. Pennsylvania.

December 6, 1974.

Attorney(s) appearing for the Case

L. Carter Anderson, Rawle & Henderson, Henry H. Janssen, Philadelphia, Pa., for plaintiff.

Ralph W. Brenner, Montgomery, McCracken, Walker & Rhoads, Peter B. Broida, Philadelphia, Pa., for defendant.

MEMORANDUM OPINION AND ORDER

VanARTSDALEN, District Judge.

Plaintiff seeks judgment for an unpaid bill for the sale and delivery in January, 1974 of a large quantity of No. 6 residual fuel oil. There is no diversity jurisdiction. Federal jurisdiction is claimed under the Emergency Petroleum Allocation Act (EPA).1 There are also common-law counts based upon pendent jurisdiction for breach of contract quantum meruit, and fraud...

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