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EASTERN STATES PETROLEUM CO. v. ASIATIC PETROLEUM CORP.

28 F.Supp. 279 (1939)

EASTERN STATES PETROLEUM CO., Inc., v. ASIATIC PETROLEUM CORPORATION et al.

District Court, S. D. New York.

April 13, 1939.

Attorney(s) appearing for the Case

Root, Clark, Buckner & Ballantine, of New York City (John M. Harlan and Leslie H. Arps, both of New York City, of counsel), for plaintiff.

Cravath, deGersdorff, Swaine & Wood, of New York City (Wm. D. Whitney and Joseph Day Lee, both of New York City, of counsel), for third-party defendant Mexican Eagle Oil Co., Ltd.

LEIBELL, District Judge.

By this motion plaintiff, Eastern States Petroleum Co., Inc., seeks summary judgment dismissing a counterclaim asserted by the third-party defendant, Compania Mexicana De Petroleo "El Aguila", S. A., against the plaintiff.

The action itself was brought December 9, 1938, under the Sherman Anti-Trust Act, 15 U.S.C.A. §§ 1-7, 15 note, and the Clayton Act, 38 Stat. 730, to enjoin the defendants from interfering with the plaintiff...

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