H. E. MILLER OIL CO. v. SOCONY-VACUUM OIL CO.

No. 535.

37 F.Supp. 831 (1941)

H. E. MILLER OIL CO. v. SOCONY-VACUUM OIL CO., Inc., et al.

District Court, E. D. Missouri, E. D.

February 18, 1941.


Attorney(s) appearing for the Case

Cullen Coil, of St. Louis, Mo., for plaintiff.

Samuel A. Mitchell, Richmond C. Coburn, and Richard D. Shewmaker, all of St. Louis, Mo., and R. L. Wagner, of Chicago, Ill., for defendant Shell Oil Co.

H. H. Thomas and Leon E. Isaksen, both of Madison, Wis., and Nelson W. Hartman, and Fordyce, White, Mayne, Williams & Hartman, all of St. Louis, Mo., for defendant Sinclair Refining Co.

William H. Zwick, of Ponca City, Okl., for defendant Continental Oil Co.

L. M. Treadwell, of New York City, for defendant Socony-Vacuum Oil Co. Inc.

R. H. Wills, of Tulsa, Okl. for defendant Mid-Continent Petroleum Corporation.

Rayburn L. Foster and Walter L. Barnes, both of Bartlesville, Okl. and Cecil L. Hunt, of St. Louis, Mo., for defendant Phillips Petroleum Co.

Cliff V. Peery, of Kansas City, Mo., for defendant Skelly Oil Co.


COLLET, District Judge.

The motion to dismiss is justified. It is not sufficient that plaintiff state that it is "in the business of distributing gasoline and petroleum products in the capacity generally known and designated as `jobber'", that defendants entered into a conspiracy to artificially raise and fix the tank car price of gasoline sold in interstate commerce, that the tank car price of such gasoline was so raised, that plaintiff from time to time purchased...

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