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UNITED STATES v. CARGO SERVICE STATIONS, INC.

No. 80-5415.

657 F.2d 676 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. CARGO SERVICE STATIONS, INC., T. D. McRae, Incorporated, United Petroleum, Inc., Cargo Gasoline Co., Eastern Oil Company, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing and Rehearing Denied November 2, 1981.

Attorney(s) appearing for the Case

Claude H. Tison, Jr., Tampa, Fla., for Cargo Service Stations, Cargo Gasoline Co. and Eastern Oil Co.

Ralph W. Rinehart, Tampa, Fla., for T. D. McRae, Inc. and United Petroleum, Inc.

Nicholas A. Lotito, Timothy Belz and John Orr, Attys., Dept. of Justice, Antitrust Div., Atlanta, Ga., John J. Powers, III, Frederic Freilicher, Antitrust Div., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before FRANK M. JOHNSON, Jr. and HATCHETT, Circuit Judges, and SCOTT, District Judge.

Rehearing and Rehearing En Banc Denied November 2, 1981.

FRANK M. JOHNSON, Jr., Circuit Judge:

Appellants (Cargo Gasoline Company, Cargo Service Stations, Inc., Eastern Oil Company, T. D. McRae, Inc., and United Petroleum, Inc.), eight other corporate entities, and four individuals were charged in a one count indictment with engaging in a continuing conspiracy to fix prices for the retail sale of gasoline in Florida in unreasonable restraint of commerce, in...

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