OSBORN v. SINCLAIR REFINING COMPANY

No. 8798.

324 F.2d 566 (1963)

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

United States Court of Appeals Fourth Circuit.

Decided November 4, 1963.


Attorney(s) appearing for the Case

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

Milton Handler, New York City (David R. Owen, Baltimore, Md., Stanley D. Robinson, Melvin A. Eisenberg, and Kaye, Scholer, Fierman, Hays & Handler, New York City, on brief) for appellee.

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


SOBELOFF, Chief Judge.

This case is here for the second time. On the former appeal1 we held that, as a result of coercion by the Appellee Sinclair Refining Company, there existed between it and its gasoline dealers in the State of Maryland, one of whom was the Appellant Osborn, tying arrangements amounting to a per se violation of section 1 of the Sherman Act, 15 U.S.C.A. § 1. More specifically, we held that Sinclair required its...

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