Legal Opinion

Texas Co. v. Z. & M. Independent Oil Co.

District Court, N.D. New York

Decided July 31, 1945PublishedCited by 2 opinions

1Opinion of the Court

BRENNAN, District Judge.

The plaintiff, as its principal relief in this action, seeks to obtain a judgment decreeing the specific performance of an agreement dated September 20, 1929, or, in the alternative, a declaratory judgment defining the legal rights and relationship of the parties.

The jurisdiction of this Court is founded upon diversity of citizenship and no question is raised as to the power of the Court to pass upon the issues involved.

The evidence consisting of oral testimony of witnesses taken before the Court, depositions of witnesses taken before trial, and exhibits offered in…

2Cases cited25 opinions

  1. Red Cross Line v. Atlantic Fruit Co.Supreme Court of the United States · 1924
  2. Matter of TimmisNew York Court of Appeals · 1910
  3. Epstein v. . GluckinNew York Court of Appeals · 1922
  4. Castle Creek Water Co. v. City of AspenCourt of Appeals for the Eighth Circuit · 1906
  5. Matter of FletcherNew York Court of Appeals · 1924

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3Cited by2 opinions

  1. McDaniel v. FRISCO EMPLOYES'HOSPITAL ASSOCIATIONMissouri Court of Appeals · 1974
  2. Northeast Savings, F.A. v. Director, Office of Thrift SupervisionDistrict Court, District of Columbia · 1991

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