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COLUMBIAN FUEL CORPORATION v. UNITED FUEL GAS CO.

Civil Actions Nos. 694 and 695.

72 F.Supp. 843 (1947)

COLUMBIAN FUEL CORPORATION v. UNITED FUEL GAS CO. UNITED CARBON CO. v. SAME.

District Court, S. D. West Virginia.

July 29, 1947

Attorney(s) appearing for the Case

Hodges & Revercomb, of Charleston, W. Va. (Arthur B. Hodges, of Charleston, W. Va., of counsel), for plaintiff Columbian Fuel Corporation.

Osman E. Swartz, of Charleston, W. Va., for plaintiff United Carbon Co.

B. J. Pettigrew and Campbell, McClintic & James, all of Charleston, W. Va. (Charles C. Wise and Stanley E. Dadisman, both of Charleston, W. Va., of counsel), for defendant.

MOORE, District Judge.

These actions were instituted against the Warfield Natural Gas Company, a corporation. United Fuel Gas Company, which acquired all the assets and assumed all the liabilities of the original defendant pending the action, was, by stipulation of the parties, substituted as defendant.

The two cases were consolidated because they present similar claims against the same defendant based on contracts with the two plaintiffs which are identical...

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