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EDWARD J. SWEENEY & SONS, INC. v. TEXACO

No. 79-2468.

637 F.2d 105 (1980)

EDWARD J. SWEENEY & SONS, INC., and Mission Gas Oil Company, Inc. and Petroleum Products Co., Appellants, v. TEXACO, INC.

United States Court of Appeals, Third Circuit.

Decided November 3, 1980.

Attorney(s) appearing for the Case

Mitchell A. Kramer (argued), Steven Kapustin, Kramer & Salus, Philadelphia, Pa., for appellants.

Randall B. Robinson, White Plains, N. Y. (argued), Kaye, Scholer, Fierman, Hays & Handler, New York City, Duane, Morris & Heckscher, Philadelphia, Pa., for appellee Texaco, Inc.; Milton J. Schubin, Randolph S. Sherman, Ira S. Sacks, New York City, Jane D. Elliott, Philadelphia, Pa., of counsel.

Thomas A. Rothwell, Mark J. Yeager, Washington, D. C., for amicus curiae Small Business Legislative Council.

Before ALDISERT and SLOVITER, Circuit Judges, and RAMBO, District Judge.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The major question for decision in this appeal by unsuccessful plaintiffs in an anti-trust action is whether they established a prima facie case of a "contract, combination, ... or conspiracy, in restraint of trade ..." in violation of § 1 of the Sherman Act, 15 U.S.C. § 1. Sweeney, a wholesale and retail distributor of Texaco fuels, and two of its wholesale...

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