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BUTERA v. SUN OIL COMPANY, INC.

No. 73-1358.

496 F.2d 434 (1974)

Benjamin J. BUTERA, Plaintiff, Appellant, v. SUN OIL COMPANY, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 2, 1974.

Attorney(s) appearing for the Case

Jordan I. Kobritz, Bangor, Maine, with whom Paine, Lynch, Weatherbee & Kobritz, Bangor, Maine, was on brief, for plaintiff, appellant.

Barbara W. Mather, Philadelphia, Pa., with whom Harold C. Pachios, Portland, Me., Charles J. Bloom, Pepper, Hamilton & Scheetz and Robert M. Dubbs, Philadelphia, Pa., were on brief for defendant, appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

Benjamin J. Butera, owner of a retail gasoline station in Bangor, Maine, sued his supplier, Sun Oil Company, Inc., for treble damages, alleging that the "meter reading competitive allowance" (MRCA), Sun's present system of adjusting its wholesale gasoline prices, is tantamount to illegal resale price maintenance in violation of the Sherman Act, 15 U.S.C. § 1 et seq. The district court granted Sun's motion for summary judgment...

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