GOLDSTEIN OIL CO. v. C.K. SMITH CO.


20 Mass. App. Ct. 243 (1985)

479 N.E.2d 728

GOLDSTEIN OIL COMPANY & another vs. C.K. SMITH COMPANY, INC.

Appeals Court of Massachusetts, Worcester.

June 24, 1985.


Attorney(s) appearing for the Case

James H. Barnhill (John M. Collins with him) for the defendant.

Victor N. Baltera (Frank J. Bailey with him) for the plaintiffs.

Present: SMITH, CUTTER, & WARNER, JJ.


SMITH, J.

The plaintiffs, Goldstein Oil Company and Novelly Oil Company, are Missouri corporations doing business under the name of Apex Oil Company (Apex). Apex sells heating oil and other petroleum products at wholesale to utilities, industries, and smaller distributors. The defendant, C.K. Smith Company, Inc. (Smith), is a Massachusetts corporation which sells heating oil and petroleum products, primarily in Massachusetts...

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