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WALKER OIL COMPANY v. HUDSON OIL COMPANY OF MISSOURI

No. 27264.

414 F.2d 588 (1969)

WALKER OIL COMPANY, Inc., and Big S Oil Company, Appellants, v. HUDSON OIL COMPANY OF MISSOURI, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

Petition for Rehearing Denied and Rehearing Denied August 6, 1969.

Attorney(s) appearing for the Case

Joe J. Harrell, Harrell, Caro, Middlebrooks & Wiltshire, Pensacola, Fla., for appellants.

Harry Kemker, Edward M. Waller, Jr., Fowler, White, Collins, Gillen, Humkey & Trenam, Tampa, Fla., for appellee.

Before JOHN R. BROWN, Chief Judge, DYER, Circuit Judge, and HUNTER, District Judge.

Petition for Rehearing Denied and Rehearing En Banc Denied August 6, 1969.

DYER, Circuit Judge:

The issue presented in this appeal by Walker Oil Company, Inc., and Big S Oil Company from a final summary judgment in favor of Hudson Oil Company of Missouri, Inc., is whether retail gasoline sales by two Hudson gasoline stations sixty miles apart and in different states are sales "in commerce" within the meaning of section 2(a) of the Robinson-Patman Act, 15 U...

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