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GRAY v. SHELL OIL COMPANY

Nos. 25653, 25657.

469 F.2d 742 (1972)

Richard GRAY et al., Appellants, v. SHELL OIL COMPANY, Appellee. SHELL OIL COMPANY, Cross-Appellant, v. Richard GRAY et al., Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 27, 1972.

Attorney(s) appearing for the Case

Peter J. Donnici (argued), Joseph M. Alioto, Lawrence J. Appel, Joseph L. Alioto, San Francisco, Cal., James D. Glenn, Jr., Fremont, Cal., Hirshon, Gerhardt & Bowers, San Jose, Cal., for appellants.

William Simon (argued), John Bodner, Jr., John F. Bruce, of Howrey, Simon, Baker & Murchison, Washington, D. C., McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., for appellee.

Before LUMBARD, MERRILL and KILKENNY, Circuit Judges.

KILKENNY, Circuit Judge:

Appellants, and a number of other present and former Shell Service Station dealers in the East San Francisco Bay Area, instituted this private treble damage action under the Federal Anti-Trust Laws1 against appellee and cross-appellant Shell Oil Company [Shell]. The complaint alleged multiple anti-trust violations under § 1 [restraint of trade] and § 2 [monopolization] of the Sherman Act (15 U.S.C. &...

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