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MIDWAY ENTERPRISES, INC. v. PETROLEUM MARKETING CORP.

Civ. A. No. 73-1178-N.

375 F.Supp. 1339 (1974)

MIDWAY ENTERPRISES, INC. v. PETROLEUM MARKETING CORP.

United States District Court, D. Maryland.

May 16, 1974.

Attorney(s) appearing for the Case

Robert G. Levy, Peter H. Gunst, and Allan P. Hillman, Baltimore, Md., for plaintiff.

David F. Albright, Richard M. Kremen, and Semmes, Bowen & Semmes, Baltimore, Md., for defendant.

NORTHROP, Chief Judge.

This matter comes before the Court on motion of defendant, Petroleum Marketing Corp. (hereafter PMC), to dismiss on the grounds that plaintiff, Midway Enterprises, Inc. (hereafter Enterprises), lacks standing to sue with regard to wholesale price fixing and is barred by the doctrine of in pari delicto from seeking relief as to alleged retail price fixing.

Plaintiff has brought this action for damages and injunctive relief under...

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