Legal Opinion

Stuart Oxygen Co. v. Josephian

Court of Appeals for the Ninth Circuit

Decided June 18, 1947No. 11445PublishedCited by 20 opinions

1Opinion of the Court

BONE, Circuit Judge.

Appellant, Stuart Oxygen Company (defendant below) and appellee, William Jo-sephian (plaintiff below), are engaged as competitors in tile business of producing and supplying oxygen for commercial use. The manufactured oxygen is normally pumped under very high pressure into steel cylindrical tanks so that it may be readily transported to the place of consumption. Because of the high pressures involved these tanks must be very strong and consequently are very heavy, weighing about 140 pounds each.

The increasing use of oxygen, particularly in steel fabrication industries,…

2Cases cited15 opinions

  1. Continental Paper Bag Co. v. Eastern Paper Bag Co.Supreme Court of the United States · 1908
  2. McClain v. OrtmayerSupreme Court of the United States · 1891
  3. Universal Oil Products Co. v. Globe Oil & Refining Co.Supreme Court of the United States · 1944
  4. United States v. Esnault-PelterieSupreme Court of the United States · 1938
  5. Chicago Pneumatic Tool Co. v. Hughes Tool Co.Court of Appeals for the Tenth Circuit · 1938

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3Cited by20 opinions

  1. Autogiro Company of America v. The United StatesUnited States Court of Claims · 1967
  2. Pointer v. Six Wheel CorporationCourt of Appeals for the Ninth Circuit · 1949
  3. Cameron Iron Works, Inc. v. Robert O. Stekoll, D/B/A Speed-O-Valve Co.Court of Appeals for the Fifth Circuit · 1957
  4. Kemart Corp. v. Printing Arts Research Laboratories, Inc.Court of Appeals for the Ninth Circuit · 1953
  5. Faulkner v. GibbsCourt of Appeals for the Ninth Circuit · 1952

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