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M.A.P. OIL CO., INC. v. TEXACO INC.

No. 80-4259.

691 F.2d 1303 (1982)

M.A.P. OIL COMPANY, INC., a California corporation, d/b/a Amendt Oil Company; A.W. Laughton, an individual; Bob Mitchell, an individual; T.B. Smith Company, Inc., a California corporation; Steuben Petroleum, Inc., a California corporation; McWhirter Distributing Company, Inc., a California corporation; Louis V. Colombani, an individual; Cook & Cooley, Inc., a California corporation; Ernst Enterprises, Inc., a California corporation; W. C. Goolsby, Inc., a California corporation; Polpet, Inc., a California corporation; Ernst Distributing Inc., a California corporation; L.A. Calleri, an individual, d/b/a Calleri Oil Company; J.E. DeWitt, a California corporation, Plaintiffs-Appellants, v. TEXACO INC., a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 9, 1982.

Rehearing and Rehearing Denied January 10, 1983.

Attorney(s) appearing for the Case

David M. Zeff, Froneberger, Bonner & Zeff, San Francisco, Cal., for plaintiffs-appellants.

David A. Luttinger, White Plains, N.Y., argued, for defendant-appellee; Eric Watt Wiechmann, Cummings & Lockwood, Stamford, Conn., on brief.

Before KILKENNY and ANDERSON, Circuit Judges, and JAMESON, District Judge.

Rehearing and Rehearing En Banc Denied January 10, 1983.

J. BLAINE ANDERSON, Circuit Judge:

This action was filed by twenty-five wholesale gasoline distributors and commission agents, alleging antitrust and regulatory violations by Texaco Inc. ("Texaco") in the marketing of Texaco gasoline. The regulatory claims allege violations of the Mandatory Petroleum Allocation and Price Regulations, 10 C.F.R. §§ 210-12, promulgated under the Emergency Petroleum...

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