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AM. PETROFINA CO. OF TEX. v. D & L OIL SUPPLY

TC 78638; SC 25059.

583 P.2d 521 (1978)

AMERICAN PETROFINA COMPANY OF TEXAS, a Corporation, Appellant-Cross-Respondent, v. D & L OIL SUPPLY, Inc., a Corporation, and Theodore Kightlinger and Mildred Kightlinger, Husband and Wife, Respondents-Cross-Appellants.

Supreme Court of Oregon, Department 1.

Decided August 1, 1978.

Attorney(s) appearing for the Case

David A. Rhoten, Salem, argued the cause for appellant-cross-respondent. With him on the brief were Rhoten, Rhoten & Speerstra and Don A. Dickey, Salem.

Thomas B. Brand, Salem, argued the cause for respondents-cross-appellants. With him on the brief were Brand, Lee, Ferris & Embick, Richard D. Lee and D. Erik Larson, Salem.

Before DENECKE, C.J., HOWELL and LENT, JJ., and GILLETTE, J. Pro Tem.

LENT, Justice.

This is an action at law arising out of a series of disputes between a supplier of petroleum products, American Petrofina Company ("Fina"), and a regional distributor, D & L Oil Supply, Inc. ("D & L"), which has its place of business in Salem. The case was tried to the court without a jury. The major problem on appeal involves Fina's obligations to D & L under a price support agreement. Fina's appeal challenges the sufficiency of the evidence...

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