Williams Petroleum Company, a Partnership Composed of William H. Clement and H. C. Preston, Jr. v. Midland Cooperatives, Incorporated, a Corporation

BARRETT, Circuit Judge.

Midland Cooperatives Incorporated (Midland) appeals a summary judgment entered in favor of Williams Petroleum Company (Williams).

This diversity action arises from a contract entered into between Midland and Williams, under the terms of which Williams was to act as an independent crude oil purchasing consultant for Midland. Williams w.as to be paid a finder’s fee of .05 per barrel if successful in obtaining a new source of supply for Midland.

The following facts may aid in placing this controversy in proper perspective. In late 1972 and early 1973, Midland experienced…