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BOARD OF CTY. COM'RS v. WILSHIRE OIL CO. OF TEXAS

No. 74-1553.

523 F.2d 125 (1975)

BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF CUSTER, and J. D. Metcalfe, Inc., an Oklahoma Corporation, for themselves and for all others similarly situated, Plaintiffs-Appellants, v. WILSHIRE OIL COMPANY OF TEXAS, a corporation, et al., Defendants, Including Mid-America Refining Co., Inc., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided June 11, 1975.

Rehearing Denied July 25, 1975.

Attorney(s) appearing for the Case

John A. Claro, Barefoot, Moler & Claro, Oklahoma City, Okl. (Larry Derryberry, Atty. Gen., State of Oklahoma, James Gray, Asst. Atty. Gen., State of Oklahoma, and Bert Barefoot, Jr., Edward H. Moler, and Joseph A. Claro, Barefoot, Moler & Claro, Oklahoma City, Okl., on the brief), for plaintiffs-appellants.

Lee B. Thompson, Cantrell, Douglass, Thompson & Wilson, Oklahoma City, Okl. (John H. Cantrell, Cantrell, Douglass, Thompson & Wilson, Oklahoma City, Okl., on the brief), for defendant-appellee, Mid-America Refining Co., Inc.

Before LEWIS, Chief Judge, and BARRETT and DOYLE, Circuit Judges.

DOYLE, Circuit Judge.

This is one facet of an antitrust suit which was brought under § 1 of the Sherman Act, 15 U.S.C. § 1. The essence of the action was the alleged conspiracy engaged in by the defendants to fix the price of liquid asphalt. Two other cases involve several of the same defendants named in the present action and also the same conspiracy. See Standard Industries, Inc. v. Mobil Oil Corp., 475 F.2d 220

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