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DAVIS v. CROWN CENTRAL PETROLEUM CORPORATION

Nos. 73-1652, 73-1833.

483 F.2d 1014 (1973)

Gene DAVIS, t/d/b/a Tar Heel Oil Company, Inc., Plaintiff-Appellee, v. CROWN CENTRAL PETROLEUM CORPORATION, Defendant-Appellant. U-FILL 'ER-UP, INC., Plaintiff-Appellee, v. CROWN CENTRAL PETROLEUM CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 21, 1973.

Attorney(s) appearing for the Case

A. Ward McKeithen, Charlotte, N. C. (Fleming, Robinson & Bradshaw, Charlotte, N. C., on brief), for appellant in No. 73-1652.

J. Nat Hamrick, Rutherfordton, N. C. (Hamrick & Hamrick, Rutherfordton, N. C., A. Myles Haynes and Haynes, Baucom & Chandler, Charlotte, N. C., on brief), for appellee in No. 73-1652.

Bynum M. Hunter, Greensboro, N. C. (Richard W. Ellis, Smith, Moore, Smith, Schell & Hunter, Greensboro, N. C., on brief), for appellant in No. 73-1833.

William D. Caffrey, Greensboro, N. C. (Jordan, Wright, Nichols, Caffrey & Hill, Greensboro, N. C., on brief), Lawrence Egerton, Jr., Greensboro, N. C. (A. Myles Haynes, Haynes, Baucom & Chandler, Charlotte, N. C., on brief), for appellee, in No. 73-1833.

Before CRAVEN, BUTZNER and RUSSELL, Circuit Judges.

DONALD RUSSELL, Circuit Judge.

These two cases, combined on hearing because of their similarity of issues, are unfortunate by-products of the current oil shortage. Both the plaintiffs and the defendant are victims of the shortage in one form or another. They may properly be termed independents in their own particular type of operation. The plaintiffs, both citizens of North Carolina, on the one hand, are small independent oil dealers with their main operations in...

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