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GAS-A-CAR, INC. v. AMERICAN PETROFINA, INC.

No. 72-1772.

484 F.2d 1102 (1973)

GAS-A-CAR, INC., a Colorado corporation, et al., Plaintiffs-Appellants, v. AMERICAN PETROFINA, INC., and American Petrofina Company of Texas, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided September 19, 1973.

Attorney(s) appearing for the Case

Daniel L. Berman, Salt Lake City, Utah (Francis P. King, Denver, Colo., on the brief), for plaintiffs-appellants.

Gordon G. Greiner, Denver, Colo. (Donald O. Kinonen and Graham M. Clark, Jr., Denver, Colo., on the brief), for defendants-appellees.

Before PHILLIPS, HILL and McWILLIAMS, Circuit Judges.

HILL, Circuit Judge.

This appeal seeks review of a decision by the federal district court for Colorado dismissing the second of two counts set out in appellants' complaint for failure to state a claim upon which relief can be granted. Rule 12(b)(6) F.R. Civ.P. Count I of the complaint charges appellees-petroleum companies with attempting to monopolize the sale of gasoline in the Denver, Colorado, area in violation of §§ 1 and 2 of the Sherman Act, 15 U.S...

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