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UNITED STATES v. EMPIRE GAS CORP.

No. 75-1492.

537 F.2d 296 (1976)

UNITED STATES of America, Appellant, v. EMPIRE GAS CORPORATION, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 28, 1976.

Rehearing and Rehearing Denied June 30, 1976.

Attorney(s) appearing for the Case

Carl D. Lawson, Atty., Dept. of Justice, Washington, D. C., for appellant; Thomas E. Kauper, Asst. Atty. Gen. and James F. Ponsoldt, Atty., Dept. of Justice, Washington, D. C., on brief.

Earl A. Jinkinson, Chicago, Ill., Martin J. Purcell and P. John Owen, Kansas City, Mo., for appellee; Earl A. Jinkinson, Robert G. Foster, Ellen C. Newcomer and James I. Rubin, Winston & Strawn, Chicago, Ill., on brief.

Before HEANEY, ROSS, and WEBSTER, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 30, 1976.

ROSS, Circuit Judge.

This civil antitrust action against Empire Gas Corporation was brought by the United States under sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2. The case was tried to the court, judgment was for Empire, United States v. Empire Gas Corp., 393 F.Supp. 903 (W.D.Mo.1975), and the government now appeals. We affirm the district...

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