SUN REFINING v. GOLDSTEIN OIL

Nos. 85-2245, 85-2304.

801 F.2d 343 (1986)

SUN REFINING AND MARKETING COMPANY, a Pennsylvania Corporation, Appellant, v. GOLDSTEIN OIL CO. and Novelly Oil Co. Missouri Corporations General Partners of Apex Oil Company, a Missouri General Partnership, Appellees. SUN REFINING AND MARKETING COMPANY, a Pennsylvania Corporation, Appellee, v. GOLDSTEIN OIL CO. and Novelly Oil Co. Missouri Corporations General Partners of Apex Oil Company, a Missouri General Partnership, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided September 17, 1986.


Attorney(s) appearing for the Case

Dean L. Franklin, St. Louis, Mo., for appellant.

David G. Dempsey, St. Louis, Mo., for appellees.

Before ARNOLD, Circuit Judge, HENLEY, Senior Circuit Judge, and LARSON, Senior District Judge.


HENLEY, Senior Circuit Judge.

This appeal arises out of three claims asserted by the appellant, Sun Refining and Marketing Company (SRMC) against Goldstein Oil Co. and Novelly Oil Co., general partners of Apex Oil Company (Apex). SRMC appeals the district court's judgment in favor of Apex on SRMC's claim for demurrage, arguing that SRMC was the real party in interest, that Apex waived the real party in interest defense, and that the court should have accepted a ratification...

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