MUSTANG FUEL CORP. v. YOUNGSTOWN SHEET & TUBE CO.

No. 74-1396.

516 F.2d 33 (1975)

MUSTANG FUEL CORPORATION, a corporation, Plaintiff-Appellant, v. YOUNGSTOWN SHEET AND TUBE COMPANY, an Ohio Corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided May 7, 1975.


Attorney(s) appearing for the Case

Ed Abel and Ben T. Lampkin, Jr., Oklahoma City, Okl., for appellant.

Calvin W. Hendrickson and Gary W. Gardenhire, Oklahoma City, Okl., for appellee.

Before HILL, SETH and BARRETT, Circuit Judges.


BARRETT, Circuit Judge.

Mustang Fuel Corporation (Mustang) appeals from an order of the Trial Court granting Summary Judgment to Youngstown Sheet and Tube Company (Youngstown), and overruling Mustang's motion for new trial and rehearing. Jurisdiction vests by reason of diversity.

Youngstown is a manufacturer of metal pipe. In 1961 Youngstown sold to Mustang some 37 miles of 12¾" outside diameter, .203 wall, 27.22#/Ft. Youngstown Grace X-46 electric weld...

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