SUN OIL COMPANY v. VICKERS REFINING COMPANY

No. 19422.

414 F.2d 383 (1969)

SUN OIL COMPANY, Appellant, v. The VICKERS REFINING COMPANY, Inc., Appellee.

United States Court of Appeals Eighth Circuit.

August 5, 1969.


Attorney(s) appearing for the Case

Hugh B. Cox, of Covington & Burling, Washington, D. C., for appellant, Charles A. Miller, Washington, D. C., and Carl E. Enggas and Colvin A. Peterson, Jr., of Watson, Ess, Marshall & Enggas, Kansas City, Mo., were on the brief.

E. Houston Harsha, of Kirkland, Ellis, Hodson, Chaffetz & Masters, Chicago, Ill., for appellee, Hammond E. Chaffetz, Fred H. Bartlit, Jr., and Frank Cicero, Jr., Chicago, Ill., and Lawrence R. Brown, of Stinson, Mag, Thomson, McEvers & Fizzell, Kansas City, Mo., were on the brief.

Before BLACKMUN, GIBSON and BRIGHT, Circuit Judges.


BRIGHT, Circuit Judge.

In 1963, Sunray DX Oil Company1 (Sunray) agreed to supply gasoline to a competitor, Vickers Refining Company, for a period of at least ten years. In December of 1965, Sunray, asserting that the agreement provided for price fixing in violation of § 1 of the Sherman Act,2 sought a declaratory judgment that it was void and unenforceable. The...

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