Pierce Butler

“ The evidence is not sufficient to sustain a finding that the making of gasoline of commerce by the use of the blended or weathered casinghead gasoline shipped to Port Arthur did not involve refining, properly so-called. But, even if the process was, as contended by the United States, a finishing and not a refining process, it is clear that the phrase 'unrefined naphtha' in the tariff in question was not misleading and did not contribute to any deception or fraud. ”

“ Like the lighter ends or elements first coming off in the distillation of crude oil, casing-head gasoline is highly volatile and dangerous to handle. Its gravity is about 88 to 90 degrees, and its vapor tension is from 20 to 30 pounds to the square inch. During the period in question some of the painter's naphtha produced at defendant's refinery was shipped from Port Arthur in tank cars to the casing-head gasoline compression plants of the Gypsy Company at Keifer and Drumright, there to be blended-about one part naphtha to two parts casing-head gasoline. ”

“ The United States introduced evidence to show contemporaneous shipments by the Gypsy Oil Company of such casing-head gasoline to Port Arthur, billed as unrefined naphtha and to Pittsburg billed as gasoline, and also shipments by that company and others of the same product to other places, billed as gasoline. ”