STANDARD INDUSTRIES, INC., a corporation, and Metropolitan Paving Co., Inc., a corporation, Plaintiffs-Appellants,
v.
MOBIL OIL CORPORATION, a corporation, et al., Defendants-Appellees and Cross-Appellants.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
Argued and Submitted July 10, 1972.
Decided March 14, 1973.
Rehearing Denied April 27, 1973.
Attorney(s) appearing for the Case
Bert Barefoot, Jr., and John Anthony Claro, Oklahoma City, Okl. (Edward H. Moler, Barefoot, Moler & Claro, and Joseph A. Claro, Oklahoma City, Okl., of counsel, on the brief), for plaintiffs-appellants.
A. Duncan Whitaker, Washington, D. C. (Edward F. Howrey, Michael M. Levy, and Charles F. Rice, New York City, S. M. Groom, Jr., Oklahoma City, Okl., Howrey, Simon, Baker & Murchison, Washington, D. C., of counsel, on the brief), for defendant Mobil Oil Corp., appellee and cross-appellant.
John J. Runzer, Philadelphia, Pa. (John A. Ladner, Tulsa, Okl., Edith G. Laver, Pepper, Hamilton & Scheetz, Philadelphia, Pa., on the brief), for defendant Sunray-DX Co., appellee and cross-appellant.
Coleman Hayes, Oklahoma City, Okl. (Willard P. Scott, Carl G. Engling, Monnet, Hayes, Bullis, Grubb & Thompson, Oklahoma City, Okl., on the brief), for defendant Kerr-McGee Corp., appellee and cross-appellant.
Richard B. McDermott, Tulsa, Okl. (Boesche, McDermott & Eskridge, Tulsa, Okl., and S. E. Floren, Bartlesville, Okl., on the brief), for defendant Phillips Petroleum Co., appellee and cross-appellant.
Before LEWIS, Chief Judge, McWILLIAMS, Circuit Judge, and THEIS, District Judge.
United States Court of Appeals, Tenth Circuit.
McWILLIAMS, Circuit Judge.
This is a civil antitrust action brought by two corporations to recover damages incurred when they purchased liquid asphalt, to be utilized in the construction of roads, highways, runways and the like, at a "rigged" price in excess of fair market value, such price rigging allegedly having been the result of an unlawful combination and conspiracy in restraint of trade in violation of the provisions of the Sherman Act and the Clayton Act....
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