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HALTOM OIL COMPANY v. PHILLIPS PETROLEUM COMPANY

No. 19357.

304 F.2d 95 (1962)

HALTOM OIL COMPANY (formerly Haltom-Murphy, Inc.), Appellant, v. PHILLIPS PETROLEUM COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 23, 1962.

Attorney(s) appearing for the Case

D. B. Kultgen and Beard, Kultgen & Beard, Waco, Tex., for appellant.

Hilton E. Howell, Louis S. Muldrow, and Naman Howell, Smith & Chase, Waco, Tex., for appellee.

Before HUTCHESON, RIVES, and BELL, Circuit Judges.

GRIFFIN B. BELL, Circuit Judge.

This appeal is from the dismissal of a complaint alleging breach of contract on the ground that the terms were clear and unambiguous and would not sustain the contention of appellant.

Phillips is a producer and manufacturer of petroleum products and appellant was the jobber of Phillips products in the Waco area. Phillips purchased a group of stations and a bulk storage plant in Waco from Arkansas Fuel Company after appellant...

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