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MALCOLM v. MARATHON OIL CO.

No. 77-2515.

642 F.2d 845 (1981)

Patrick A. MALCOLM d/b/a Spar Oil Company and Spar Oil Company of Georgia, a Corporation, Plaintiffs-Appellants, v. MARATHON OIL COMPANY, Crown Central Petroleum Corporation, Tenneco Oil Company et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B.

Rehearing Denied July 27, 1981.

Attorney(s) appearing for the Case

David R. Aufdenspring, Gary G. Grindler, Atlanta, Ga., for plaintiffs-appellants.

Trammell E. Vickery, John C. Butters, Atlanta, Ga., for Tenneco Oil Co.

Charles L. Gowen, Joseph R. Gladden, Jr., Michael Eric Ross, Atlanta, Ga., for Marathon Oil Co.

Morton A. Sacks, Baltimore, Md., for Crown Central.

Charles Rippin, Edward T. Brennan, Savannah, Ga., for Colonial Oil Ind.

Before GODBOLD, Chief Judge, TUTTLE and HILL, Circuit Judges.

TUTTLE, Circuit Judge:

Patrick Malcolm's former occupation qualifies him as a member of a vanishing breed. From 1965 to 1972 he was an independent gasoline retailer who participated in price wars in south Georgia. By 1972 he had 17 stations and plans for further expansion.

Independent gasoline retailers are considered to be mavericks by major brand wholesalers and retailers, because independents post consistently lower prices than major brand retailers. But...

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