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BURKETT v. SHELL OIL COMPANY

No. 71-1027 Summary Calendar.

448 F.2d 59 (1971)

Harvey Lawrence BURKETT, Plaintiff-Appellant, v. SHELL OIL COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 13, 1971.

Attorney(s) appearing for the Case

William H. Saliba, Mobile, Ala., Bryan Forrest Gill, Shirley Ann Basile, New Orleans, La., for plaintiff-appellant.

Michael W. Graney, Washington, D. C., G. Sage Lyons, Mobile, Ala., for defendant-appellee.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

PER CURIAM:

The district court granted appellee's motion for summary judgment, holding Burkett did not have standing to sue Shell on his own behalf for an antitrust violation alleged to have arisen prior to his filing for bankruptcy. The court found this cause of action to belong to the trustee in bankruptcy, not to Burkett personally. We affirm. Fazakerly v. E. Kahn's Sons Co., 5th Cir. 1935, 75 F.2d 110.

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