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KEYSTONE FUEL OIL CO. v. DEL-WAY PETROLEUM, INC.

364 A.2d 826 (1976)

KEYSTONE FUEL OIL CO., Plaintiff, v. DEL-WAY PETROLEUM, INC., Defendant.

Superior Court of Delaware, New Castle.

Decided September 14, 1976.

Attorney(s) appearing for the Case

Garry G. Greenstein of Knecht, Greenstein & Berkowitz, Wilmington, for plaintiff.

Clifford B. Hearn, Jr., and Henry A. Heiman of Balick & Hearn, Wilmington, for defendant.

O'HARA, Judge.

Defendant corporation, Del-Way Petroleum, Inc. ("Del-Way"), moves for relief from a judgment in favor of Keystone Fuel Oil Co. ("Keystone") pursuant to Superior Court Civil Rule 60(b) on the grounds that consent given by Del-Way's president to the entry of such judgment was the product of mistake.

The facts appear as follows: Keystone is a wholesaler of petroleum products. Del-Way is a distributor of...

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