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ROORDA v. AMERICAN OIL CO.

Civ. No. 75-162.

446 F.Supp. 939 (1978)

Arthur S. ROORDA, and Arthur S. Roorda, Inc. and all others similarly situated within the State of New York, Plaintiffs, v. AMERICAN OIL COMPANY, and Petroleum Sales & Service, Inc., Defendants.

United States District Court, W. D. New York.

February 17, 1978.

Attorney(s) appearing for the Case

Salvatore M. Latona, Latona, Worthington, Srebro & Nitterauer, Buffalo, N. Y., for plaintiffs.

Ralph L. Halpern, Raichle, Banning, Weiss & Halpern, Buffalo, N. Y., for defendant American Oil.

William J. Magavern, II, Magavern, Magavern, Lowe, Beilewech & Dopkins, Buffalo, N. Y., for defendant Petroleum.

MEMORANDUM and ORDER

ELFVIN, District Judge.

Defendant Petroleum Sales and Service, Inc. ("Petroleum") moved by order to show cause for summary judgment pursuant to Fed.R.Civ.P. rule 56 dismissing plaintiffs' complaint for lack of subject matter jurisdiction on the ground that such complaint fails to satisfy the jurisdictional requirement, set forth in section 2(a) of the Clayton Act as amended by the Robinson-Patman Act, 15 U.S.C. § 13(a), that either...

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