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PENNZOIL PRODUCTS CO. v. COLELLI & ASSOCIATES

Nos. 97-3335, 97-3344.

149 F.3d 197 (1998)

PENNZOIL PRODUCTS COMPANY, Appellant, v. COLELLI & ASSOCIATES, INC.; Pyramid Treating Inc; T.O.P. Production & Oilfield Services Inc.; Colelli Oil Well Services Inc.; Chemical Solvents, Inc. Pyramid Treating Inc.; T.O.P. Production & Oilfield Services, Inc.; Chemical Solvents, Inc., Appellants in 97-3344. Pennzoil Products Company, Appellant in 97-3335.

United States Court of Appeals, Third Circuit.

Decided July 9, 1998.

Attorney(s) appearing for the Case

William M. Wycoff (Argued), Thorp, Reed & Armstrong, Pittsburgh, PA, for Appellant.

Timothy L. Kerwin (Argued), Davis & Young, Shawn P. Martin, Colelli & Associates, Cleveland, OH, for Appellee Colelli & Associates, Inc.

Theodore O. Struk, Dickie, McCamey & Chilcote, Pittsburgh, PA, for Pyramid Treating, Inc.

William W. Guthrie, William W. Guthrie & Associates, Pittsburgh, PA, for T.O.P. Production & Oilfield Services, Inc.

Edward J. Cass, Virginia L. Heidloff, Gary L. Nicholson, Gallagher, Sharp, Fulton & Norman, Cleveland, OH, for Colelli Oil Well Services, Inc.

Edwin Allen Young, Pittsburgh, PA, for Chemical Solvents, Inc.

Before: MANSMANN, ROTH and MCKEE, Circuit Judges.

ROTH, Circuit Judge.

This appeal arises from a diversity action brought by Pennzoil Products Company ("Pennzoil") against, among others, Colelli & Associates, Inc. and Colelli Oil Well Services, Inc. (collectively "Colelli"). Colelli sold to crude oil producers in Ohio a solvent, which was designed to reduce the accumulation of wax in the shafts of oil wells. The oil producers sold the oil to refineries, one of which was Pennzoil's refinery in Pennsylvania. Pennzoil...

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