STATE OF HAWAII, Plaintiff-Appellee,
v.
STANDARD OIL COMPANY OF CALIFORNIA, Union Oil Company of California, Shell Oil Company and Chevron Asphalt Company, Defendants-Appellants.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
September 25, 1970.
September 25, 1970.
Attorney(s) appearing for the Case
Francis R. Kirkham (argued), Richard J. MacLaury, James F. Kirkham, Richard W. Odgers, of Pillsbury, Madison & Sutro, San Francisco, Cal., for Standard Oil Co. of Cal. and Chevron Asphalt Co.
Moses Lasky (argued), and Malcolm T. Dungan, of Brobeck, Phleger & Harrison, San Francisco, Cal., Douglas C. Gregg and E. A. McFadden, Los Angeles, Cal., for Union Oil Co. of Cal.
William Simon & Richard T. Colman, of Howrey, Simon, Baker & Murchison, Washington, D. C., for Shell Oil Co.
Maxwell M. Blecher (argued), Francis O. Scarpulla, Peter Donnici, of Law Offices of Joseph L. Alioto, San Francisco, Cal., Bertram Kanbara, Atty. Gen., State of Hawaii, George Pai and Joseph S. Kinoshita, Deputy Attys. Gen., Honolulu, Hawaii, for respondent.
Thomas C. Lynch, Atty. Gen., Wallace Howland, Asst. Atty. Gen., Robert E. Murphy, Michael I. Spiegel, Carole A. Kornblum, James R. McCall, Deputy Attys. Gen., Sacramento, Cal., amicus curiae, State of California.
Before MERRILL, WRIGHT and TRASK, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
MERRILL, Circuit Judge.
This appeal presents the question whether a state can, under § 4 of the Clayton Act, 15 U.S.C. § 15,1 maintain a suit for treble damages as parens patriae for injury done to the general economy of the state. We hold it cannot.
The amended complaint filed by the State of Hawaii alleges that appellants conspired to fix and maintain unreasonably high prices for motor gasoline and asphalt in...
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