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WILLIAM WHITMAN CO. v. UNIVERSAL OIL PROD. CO.

Civ. A. No. 987.

92 F.Supp. 885 (1950)

WILLIAM WHITMAN CO., Inc. v. UNIVERSAL OIL PRODUCTS CO.

United States District Court D. Delaware.

July 12, 1950.

Attorney(s) appearing for the Case

Caleb S. Layton (Richards, Layton & Finger) of Wilmington, Del.; Leslie Nichols, William B. Cockley, Allen C. Holmes and Walter J. Milde (Jones, Day, Cockley & Reavis) all of Cleveland, Ohio, of counsel, for plaintiff.

Clarence A. Southerland (Southerland, Berl & Potter) of Wilmington, Del.; Ralph S. Harris, Frederick W. P. Lorenzen and John R. McCullough (Dwight, Harris, Koegel & Caskey) of New York City, and Adam M. Byrd, of Chicago, Ill., of counsel, for defendant.

RODNEY, District Judge.

In this action the plaintiff seeks rescission of an agreement between it and the defendant which was entered into on April 1, 1937. The suit is founded on the charge that plaintiff was induced to enter into this contract by defendant's representation that it had in 1935 obtained a judgment in the Circuit Court of Appeals for the Third Circuit, Root Refining Co. v. Universal Oil Products, 78 F.2d 991, upholding...

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