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SHELL OIL CO. v. CAPPARELLI

No. 85 Civ. 6377 (CHT).

648 F.Supp. 1052 (1986)

SHELL OIL COMPANY, Plaintiff, v. Albert U. CAPPARELLI, Defendant.

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

July 28, 1986.

Attorney(s) appearing for the Case

James L. Michalak, Houston, Tex. (Louis A. Scarcella, Phillips, Nizer, Benjamin, Krim & Ballon, New York City, of counsel), for plaintiff.

Shamberg Marwell Cherneff & Hocherman, P.C., Mt. Kisco, N.Y. (Stuart R. Shamberg and Marianne L. Sussman, of counsel), for defendant.

TENNEY, District Judge.

In this diversity action, the plaintiff, Shell Oil Company ("Shell"), is seeking a declaratory judgment pursuant to 28 U.S.C. §§ 2201, 2202, stating that Shell is entitled to recover the oil storage tanks that Shell installed at the automobile service station presently owned by the defendant, Albert U. Capparelli ("Capparelli").1 Shell contends that it has the right to remove the tanks from the premises...

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