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NORTHERN NATURAL GAS CO. v. CITIES SERVICE OIL CO.

Civ. A. No. 2-338.

182 F.Supp. 155 (1959)

NORTHERN NATURAL GAS COMPANY, a corporation, Plaintiff, v. CITIES SERVICE OIL COMPANY, a Corporation, Defendant.

United States District Court S. D. Iowa, W. D.

July 1, 1959.

Attorney(s) appearing for the Case

Raymond A. Smith, Smith, Peterson Beckman & Willson, Council Bluffs, Iowa, Lawrence I. Shaw, F. Vinson Roach, John T. Grant, Patrick J. McCarthy, Omaha, Neb., for plaintiff.

Oscar E. Johnson, Emmet Tinley, Ross, Johnson, Northrop, Stuart & Tinley, Council Bluffs, Iowa, Gentry Lee, F. H. Bacon, R. O. Mason, Bartlesville, Okl., for defendant.

HICKLIN, District Judge.

This is an action instituted by plaintiff to require defendant under a theory of contract, or in the alternative under equitable theories of unjust enrichment, to restore to plaintiff the alleged overpayments made by plaintiff in connection with natural gas purchased from defendant. The suit was originally filed in the District Court of Iowa in and for Pottawattamie County, and defendant removed the cause to this Court on December 9, 1958...

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