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KOCH FUELS v. CARGO OF 13,000 BARRELS OF NO. 2 OIL

Nos. 82-1542, 82-1550.

704 F.2d 1038 (1983)

KOCH FUELS, INC., Appellee, v. CARGO OF 13,000 BARRELS OF NO. 2 OIL, More or Less, In Rem, and Inland Oil & Transport Co., Appellant. KOCH INDUSTRIES, INC., Appellant, Koch Fuels, Inc., v. CARGO OF 13,000 BARRELS OF NO. 2 OIL, MORE OR LESS, IN REM, and Inland Oil & Transport Co., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 13, 1983.

Rehearings and Rehearing Denied May 27, 1983.

Attorney(s) appearing for the Case

Shepherd, Sandberg & Phoenix, P.C., John S. Sandberg, St. Louis, Mo., for appellant Koch Industries, Inc. and Koch Fuels, Inc.

Mark G. Arnold, Joseph P. Conran, Husch, Eppenberger, Donohue, Elson & Cornfeld, St. Louis, Mo., for appellee cross-appellant Inland Oil & Transport Co.

Before BRIGHT, ARNOLD and JOHN R. GIBSON, Circuit Judges.

Rehearings and Rehearing En Banc Denied May 27, 1983.

BRIGHT, Circuit Judge.

This appeal and cross-appeal arise out of a dispute between plaintiff-appellant Koch Industries, Inc., and intervenor, counter-claimant, and cross-appellant Inland Oil & Transport Co. (Inland) over an alleged agreement to charter a barge for transporting a shipment of oil. Koch Industries initiated an in rem action for possession of a cargo of oil, and, pursuant to Rule...

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