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BARGAIN CAR WASH v. STANDARD OIL CO. (INDIANA)

No. 71-1372.

466 F.2d 1163 (1972)

BARGAIN CAR WASH, INC., an Illinois corporation, Plaintiff-Appellant, v. STANDARD OIL COMPANY (INDIANA), an Indiana corporation, and the American Oil Company, a Maryland corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 17, 1972.

Rehearing Denied September 12, 1972.

Attorney(s) appearing for the Case

Jerome H. Torshen and Lawrence H. Eiger, Irwin Panter and Marshall D. Korlick, Chicago, Ill., for plaintiff-appellant.

Jerry S. Cohen and Michael D. Hausfeld, Washington, D. C., amicus curiae.

Richard J. Goetsch, Walter T. Kuhlmey, Kirkland, Ellis, Hodson, Chaffetz & Masters, Chicago, Ill., for defendants-appellees.

Before CLARK, Associate Justice, SWYGERT, Chief Judge, and STEVENS, Circuit Judge.

Mr. Justice CLARK:

Bargain Car Wash, Inc. appeals from an order of dismissal with prejudice of its treble damage action against American Oil Company and the entry of a judgment for $3466.00 on a cross action against Bargain for conversion of personal property and the balance due on open account. The case was tried before the court without a jury and these findings were entered: (1) The gasoline sales involved were not in commerce under the provision of the Clayton...

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