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SOCONY MOBIL OIL COMPANY v. KLAPAL

Civ. No. 247 L.

205 F.Supp. 388 (1962)

SOCONY MOBIL OIL COMPANY, Inc., Plaintiff, v. George E. KLAPAL, Defendant, and American Casualty Company, Defendant and Third-Party Plaintiff, v. FREMONT CONTRACTORS, INC., and United Benefit Fire Insurance Company, Third-Party Defendants.

United States District Court D. Nebraska.

May 4, 1962.

Attorney(s) appearing for the Case

C. Russell Mattson, Lincoln, Neb., for plaintiff.

Donald Lay and Leo Eisenstatt, Omaha, Neb., for defendant Klapal.

A. C. Sidner, Fremont, Neb., for third-party defendant Fremont Contractors, Inc.

VAN PELT, District Judge.

In this action Socony Mobil Oil Co., Inc., plaintiff, brought suit against defendant, George E. Klapal, to recover on account for materials furnished in the nature of fuel oils, gasoline, grease, lubricants and the like. The complaint prayed judgment for $11,201.46. There was no dispute between the parties that $8,384.11 of that amount was owing plaintiff. The remaining amount of $2,817.35, however, was disputed, defendant asserting that...

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