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CRAIG v. SUN OIL COMPANY OF PENNSYLVANIA

No. 74-1310.

515 F.2d 221 (1975)

Bobby Joe CRAIG, Appellant, v. SUN OIL COMPANY OF PENNSYLVANIA, and William R. Claiborne, Appellees.

United States Court of Appeals, Tenth Circuit.

Decided April 28, 1975.

Attorney(s) appearing for the Case

Ray Painter, Jr., Tulsa, Okl. (Jack R. Givens, and Jones, Givens, Brett, Gotcher, Doyle & Atkins Inc., Tulsa, Okl., with him on the brief), for appellant.

Jon A. Baughman, Philadelphia, Pa. (John J. Runzer, Philadelphia, Pa., Robert M. Dubbs, St. Davids, Pa., and John A. Ladner, Tulsa, Okl., with him on the brief), for appellee, Sun Oil Co. of Pennsylvania.

Booth & Jay, and Frank R. Hickman, Tulsa, Okl., on the brief for appellee, William R. Claiborne.

Before SETH, HOLLOWAY and BARRETT, Circuit Judges.

SETH, Circuit Judge.

This is a private action under the Sherman Act seeking treble damages against Sun Oil Company of Pennsylvania and William R. Claiborne. The trial court granted motions of the defendants for summary judgment at the conclusion of discovery and after the filing of affidavits by plaintiff in response to the motions.

The defendant Claiborne held a distributorship franchise from Sun, and sold tires, batteries, and accessories pursuant thereto...

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