Court of Appeals for the First Circuit January 18, 1950, 4443 (State Fuel Co. v. Gulf Oil Corporation)

MAGRUDER, Chief Judge.

Gulf Oil Corporation, a Pennsylvania corporation, brought suit in the district court against State Fuel Company, a Massachusetts corporation, on a complaint which, as far as is material at the present stage of the case, alleged that the parties had agreed on a contract for the shipment of kerosene in drums in box cars by Gulf to State; that the costs to be incurred by State