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OSKEY GASOLINE & OIL CO., INC. v. CONTINENTAL OIL

No. 75-1374.

534 F.2d 1281 (1976)

OSKEY GASOLINE AND OIL COMPANY, INC., a Minnesota Corporation, Appellant, v. CONTINENTAL OIL COMPANY, a Delaware Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 22, 1976.

Attorney(s) appearing for the Case

Solly Robins, Stanford Robins and Deborah J. Palmer, Minneapolis, Minn., for appellant.

Daniel R. Shulman, Minneapolis, Minn., for appellee.

Before GIBSON, Chief Judge, CLARK, Associate Justice, Retired, and BRIGHT, Circuit Judge.

BRIGHT, Circuit Judge.

Oskey Gasoline and Oil Company, Inc. (Oskey) appeals from a summary judgment dismissing in substantial part its complaint seeking damages against Continental Oil Company (Continental) for breach of contract (count I) and for antitrust violations of the Clayton Act (15 U.S.C. §§ 15 and 26), and the Sherman Act (15 U.S.C. § 1) (count II).1

The district court dismissed the contract action as unenforceable...

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