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MANHATTAN FUEL CO., INC. v. NEW ENGLAND PETROLEUM CORP.

No. 71 Civ. 793 (KTD).

422 F.Supp. 797 (1976)

MANHATTAN FUEL COMPANY, INC., Plaintiff, v. NEW ENGLAND PETROLEUM CORPORATION, Defendant.

United States District Court, S. D. New York.

September 13, 1976.

Attorney(s) appearing for the Case

Winthrop, Stimson, Putnam & Roberts, New York City, for plaintiff; A. Edward Grashof, Arnold S. Anderson, New York City, of counsel.

Eaton, Van Winkle & Greenspoon, New York City, for defendant; Samuel N. Greenspoon, New York City, of counsel.

OPINION AND ORDER

KEVIN THOMAS DUFFY, District Judge.

This action is to recover brokerage commissions. Plaintiff alleges that in May 1967, defendant, a seller of fuel oil, agreed to pay such commissions to John S. Routh, Jr. ("Routh") if Routh procured Niagara Mohawk Power Corporation ("Niagara Mohawk") as a fuel oil customer for defendant. It further asserts that Routh's rights under the agreement were assigned in December 1967, to Manhattan Coal Company...

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