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GUIDRY v. CONTINENTAL OIL COMPANY

No. 21543.

350 F.2d 342 (1965)

Lee Roy GUIDRY, Appellant, v. CONTINENTAL OIL COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 17, 1965.

Attorney(s) appearing for the Case

J. Minos Simon and Simon & Trice, Lafayette, La., for appellant.

George Wear, Frank L. Merrill, Fort Worth, Tex., William W. Ogden, James D. Rives, of Ogden, Woods, Henriques & Rives, New Orleans, La., for appellee.

Before MARIS, RIVES and BROWN, Circuit Judges.

RIVES, Circuit Judge.

This is an action for treble damages under section 4 of the Clayton Act, 15 U.S.C. § 15, arising out of the plaintiff's claims of resale-price maintenance in violation of the Sherman Act and of a "tying" agreement in violation of the Clayton Act. The plaintiff appeals from an order entered by the district court granting the defendant's motion for summary judgment and dismissing the plaintiff's action.

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