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HARVEY v. FEARLESS FARRIS WHOLESALE, INC.

No. 77-2442.

589 F.2d 451 (1979)

Clyde E. HARVEY and Neil J. Nielsen, co-partners doing business under the name of U-Serve Gas Company, Plaintiffs-Appellants, v. FEARLESS FARRIS WHOLESALE, INC., Fearless Farris Service Stations, Inc., Fearless Farris, Southern, Inc., Fearless Farris, Western, Inc., Fearless Farris of Burley, Inc., and Fearless Farris of Twin Falls, Inc., all being Idaho Corporations, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

January 10, 1979.

Attorney(s) appearing for the Case

Herbert W. Rettig (argued) of Rettig, Rosenberrg & Roberts, Caldwell, Idaho, for plaintiffs-appellants.

Ronald G. Carter (argued) of Carter, Gines & Rice, Boise, Idaho, for defendants-appellees.

Before VAN DUSEN, WRIGHT and GOODWIN, Circuit Judges.

VAN DUSEN, Circuit Judge.

This dispute arose during a nationwide gasoline shortage in 1973. The appeal from summary judgment in favor of defendants raises these questions:

A. Does the evidence show a conspiracy in restraint of trade, in violation of 15 U.S.C. § 1, on the part of corporations, all of which were wholly owned and controlled by a single person? B. Did an enforceable oral contract of sale...

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