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HASBROUCK v. TEXACO, INC.

No. 80-3160.

663 F.2d 930 (1981)

Ricky HASBROUCK, d/b/a Rick's Texaco; James O. Sills, d/b/a Jim's Springhill Texaco Service; Alva N. Blue, d/b/a Blue's Texaco; John W. Bevan, d/b/a Bevan's Texaco and Towing and Bevan's Northwood Texaco; Ricky A. Rigg, d/b/a Five Mile Texaco; Clifford N. Robinson, d/b/a Robinson's Freeway Texaco; Gene C. Robinson, d/b/a Hillyard Texaco; Albert E. Allen, d/b/a Van's Texaco; Harold C. Hardwick, d/b/a Harold's Texaco Service & Towing; Henry Rigg, d/b/a Hank's Texaco; Vincent Lies, d/b/a Lie's Texaco & U-Haul; Ralph O. Webber, d/b/a Webber's Auto Repair & Service Station, Plaintiffs-Appellants, v. TEXACO, INC., a foreign corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 14, 1981.

Rehearing and Rehearing Denied February 16, 1982.

Attorney(s) appearing for the Case

John S. Ebel, Seattle, Wash., Robert Whaley, Lucinda Eyman, Spokane, Wash., for plaintiffs-appellants.

P. W. Schaefer, White Plains, N. Y., argued, for defendant-appellee; Mitlon S. Schubin, Kaye, Scholer, Fierman, Hays & Handler, New York City, P. W. Schaefer, White Plains, N. Y., on brief.

Before SNEED and CANBY, Circuit Judges, and HOFFMAN, District Judge.

Rehearing and Rehearing En Banc Denied February 16, 1982.

SNEED, Circuit Judge:

Eleven "independent" Texaco service station operators (appellants) charged their supplier, Texaco, Inc., (appellee), with price discrimination in violation of section 2(a) of the Robinson-Patman Act, 15 U.S.C. § 13(a). Treble damages were sought under section 4 of the Clayton Act, 15 U.S.C. § 15. The jury returned a verdict in appellants' favor. The district court, concluding...

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