Delta Marina, Inc. v. Plaquemine Oil Sales, Inc. And Lana Hingle, as Administratrix of the Estate of Joseph Hingle

GEE, Circuit Judge:

Since this appeal arises from a summary judgment for defendant Plaquemine Oil Sales (“POS”), plaintiff Delta Marina’s (“Delta’s”) version of the facts is the relevant one. Delta, a retailer of petroleum products, asserts that in 1967 it entered into a contract offered it by POS, a wholesaler or “jobber” of Shell petroleum products, that called for POS to supply Delta with its requirements of diesel fuel at a price, sometimes referred to as the “jobber’s” price, of one and one-half cents per gallon above POS’s cost and to extend to Delta 120 days credit. The contract also…