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  5. 158 A.D.2d 806 (1990)
 

PORTEC, INC. v. GULF OIL CORP.

158 A.D.2d 806 (1990)

Portec, Inc., Respondent, v. Gulf Oil Corporation et al., Defendants, and Marshall Service, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 1, 1990

Yesawich, Jr., J.

Plaintiff purchased 17,000 gallons of quench oil from defendant Goodrich Petroleum Corporation to use in its manufacturing process. The oil was acquired from defendant Gulf Oil Corporation. Quench oil cools the refired steel bars which plaintiff fabricates for the railroad industry. Defendant Marshall Service, Inc. (hereinafter defendant) transported the oil to plaintiff's plant on December 21, 1984 during plaintiff's annual two-week...

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