JTC PETROLEUM CO. v. PIASA MOTOR FUELS, INC.

Nos. 98-3913, 98-4251.

190 F.3d 775 (1999)

JTC PETROLEUM COMPANY, Plaintiff-Appellant, v. PIASA MOTOR FUELS, INC., et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 22, 1999.

Amended August 17, 1999.


Attorney(s) appearing for the Case

Glenn E. Davis (argued), Armstrong, Teasdale, Schlafly & Davis, St. Louis, MO, for JTC Petroleum Company in No. 98-3919.

David W. Harlan (argued), Gallop, Johnson & Neuman, St. Louis, MO; Gordon R. Broom, Burroughs, Hepler, Broom, Macdonald & Hebrank, Edwardsville, IL, for Piasa Motor Fuels, Inc. in No. 98-3919.

Lyndon P. Sommer (argued), Sandberg, Phoenix & Von Gontard, St. Louis, MO, for Macoupin County Asphalt, Inc. in No. 98-3919.

Steven H. Schwartz (argued), Brown & James, St. Louis, MO, for Dougherty Oil & Stone Supply, Inc. in No. 98-3919.

Daniel D. Doyle, Armstrong, Teasdale, Schlafly & Davis, St. Louis, MO, for JTC Petroleum Company in No. 98-4251.

David Streubel, David W. Harlan, Gallop, Johnson & Neuman, St. Louis, MO; Gordon R. Broom, Burroughs, Hepler, Broom, MacDonald & Hebrank, Edwardsville, IL, for Piasa Motor Fuels, Inc. in No. 98-4251.

Charles E. Reis, IV, Steven H. Schwartz, Brown & James, St. Louis, MO, for Dougherty Oil & Stone Supply, Inc. in No. 98-4251.

Jonathan Ries, Sandberg, Phoenix & Von Gontard, St. Louis, MO, for Macoupin County Asphalt, Inc. in No. 98-4251.

Before POSNER, Chief Judge, and EASTERBROOK and ROVNER, Circuit Judges.


POSNER, Chief Judge.

The plaintiff seeks damages for violations of sections 1 and 2 of the Sherman Act arising out of the road-repair business in southern Illinois. 15 U.S.C. §§ 1, 2. There are two groups of defendants: the road contractors themselves, called "applicators," and producers of the emulsified asphalt that the applicators apply to the surface of the roads. After the plaintiff, itself an applicator, settled with all three of the producers and...

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