OSBORN v. SINCLAIR REFINING COMPANY

No. 7899.

286 F.2d 832 (1960)

S. Kriete OSBORN, Appellant, v. SINCLAIR REFINING COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided July 11, 1960.

Argument on Petition for Rehearing January 26, 1961.

Rehearing Denied February 28, 1961.


Attorney(s) appearing for the Case

John S. McDaniel, Jr., Baltimore, Md. (Cable & McDaniel and Calhoun Bond, Baltimore, Md., on brief), for appellant.

David R. Owen, Baltimore, Md. (William A. Fisher, Jr., and Semmes, Bowen & Semmes, Baltimore, Md., on brief), for appellee.

Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.


SOBELOFF, Chief Judge.

Once again, as in McElhenney Co. v. Western Auto Supply Co., 4 Cir., 1959, 269 F.2d 332, this court is faced with a problem arising from a manufacturer's refusal to continue selling to a dealer because of the latter's failure to accede to the seller's wishes with regard to products carried. This time the question arises in the context of the petroleum industry, and the particular issue is whether there existed...

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