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UNITED STATES v. CITIES SERVICE COMPANY

No. 7216.

410 F.2d 662 (1969)

UNITED STATES of America, Plaintiff, Appellee, v. CITIES SERVICE COMPANY et al., Defendants. Cities Service Oil Company, Appellant.

United States Court of Appeals First Circuit.

May 8, 1969.

Attorney(s) appearing for the Case

James D. St. Clair, Wellesley Hills, Mass., with whom Harold Hestnes and Hale & Dorr, Boston, Mass., were on brief, for appellant.

Wm. Richard Haddad, Atty., Dept. of Justice, with whom Edwin M. Zimmerman, Richard W. McLaren, Asst. Attys. Gen., and Gregory B. Hovendon, Atty., Dept. of Justice, were on brief, for the United States, appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

This is an appeal from an interlocutory order in a civil action brought by the United States under Section 7 of the Clayton Act, 38 Stat. 731 (1914), as amended, 15 U.S.C. § 18 (1958). The government alleges that acquisition by Cities Service of properties constituting the retail gasoline business of Jenney Manufacturing Company may substantially lessen competition or tend to create a monopoly. On May 1, 1968 the district court, pursuant...

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