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DELTA MARINA, INC. v. PLAQUEMINE OIL SALES, INC.

No. 79-2726.

644 F.2d 455 (1981)

DELTA MARINA, INC., Plaintiff-Appellant, v. PLAQUEMINE OIL SALES, INC. and Lana Hingle, as Administratrix of the Estate of Joseph Hingle, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A.

May 4, 1981.

Attorney(s) appearing for the Case

Howard E. Sinor, Jr., New Orleans, La., for plaintiff-appellant.

Peter J. Butler, New Orleans, La., for Plaquemine Oil Sales, Inc.

Before INGRAHAM, GEE and TATE, Circuit Judges.

GEE, Circuit Judge:

Since this appeal arises from a summary judgment for defendant Plaquemine Oil Sales ("POS"), plaintiff Delta Marina's ("Delta's") version of the facts is the relevant one. Delta, a retailer of petroleum products, asserts that in 1967 it entered into a contract offered it by POS, a wholesaler or "jobber" of Shell petroleum products, that called for POS to supply Delta with its requirements of diesel fuel at a price, sometimes referred to as the...

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