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McGUIRK OIL CO., INC. v. AMOCO OIL CO.

No. 88-5786.

889 F.2d 734 (1989)

McGUIRK OIL COMPANY, INC., a Kentucky corporation; Arnold Oil Company, Inc., a Kentucky corporation; and Belcher Oil Company, Inc., a Kentucky corporation, Plaintiffs-Appellees, v. AMOCO OIL COMPANY, a Maryland corporation, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 21, 1989.

Attorney(s) appearing for the Case

James H. Lucas, argued, Charles E. English, Jr., English, Lucas, Priest & Owsley, Bowling Green, Ky., for plaintiffs-appellees.

John David Cole, Cole, Broderick, Minton, Moore & Thornton, Bowling Green, Ky., Richard C. Godfrey, argued, Frank Cicero, Jr., Marion B. Adler, Kirkland & Ellis, Chicago, Ill., for defendant-appellant.

Before KEITH and GUY, Circuit Judges, and HULL, Chief District Judge.

KEITH, Circuit Judge.

In this contract dispute, defendant, Amoco Oil Co. ("Amoco") appeals the district court's order awarding $167,117.87 in damages to plaintiffs, three Kentucky jobbers ("jobbers").1 The jobbers brought this action for breach of fiduciary duty and conversion of a partial refund of the Tennessee Inspection Fee levied against Amoco for all petroleum sold within the state of Tennessee. Amoco argued that the Inspection Fee...

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