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STATE OF NEW MEXICO v. AMERICAN PETROFINA, INC.

No. 26182.

501 F.2d 363 (1974)

STATE OF NEW MEXICO, on behalf of itself and all other public bodies in the State of New Mexico similarly situated, Plaintiffs-Appellees, v. AMERICAN PETROFINA, INC., et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

July 17, 1974.

Attorney(s) appearing for the Case

William Simon (argued) of Howrey, Simon, Baker & Murchison, Washington, D. C., for defendants-appellants.

Josef D. Cooper (argued) of Friedman, Koven, Shapiro, Saltzman, Koenigsberg, Specks & Homer, Chicago, Ill., Perry Goldberg (argued), Chicago, Ill., for plaintiffs-appellees.

Before BROWNING and WRIGHT, Circuit Judges, and KING, District Judge.

OPINION

EUGENE A. WRIGHT, Circuit Judge:

In this case we must decide whether a state is liable for alleged violations of sections 1 and 2 of the Sherman Act.1 We hold that it is not and affirm the district court's order dismissing the Shell Oil Company's counterclaim against the State of New Mexico.

New Mexico, on behalf of itself and all other public bodies in New Mexico similarly situated, sued Shell and five other...

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