Empire Petroleum Company v. Sinclair Pipeline Company, Sinclair Pipeline Company, Cross-Appellant v. Empire Petroleum Company, Cross-Appellee

LEWIS, Circuit Judge.

As plaintiff below, Sinclair Pipeline Company, a common carrier engaged in the interstate transportation of oil, instituted this action against Empire Petroleum Company by complaint alleging five separate claims originating against Wisconsin Oil Refining Company and becoming the obligations of Empire through merger of that company with Wisconsin. The trial court gave judgment for Sinclair upon the first three claims alleged and to Empire upon the fourth and fifth claims asserted. From such judgment the respective parties present this appeal and cross-appeal. We first…