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PETROL STOPS NORTHWEST v. CONTINENTAL OIL CO.

Nos. 80-5321, 80-5320, and 80-5470.

647 F.2d 1005 (1981)

PETROL STOPS NORTHWEST, Plaintiff-Appellee, v. CONTINENTAL OIL COMPANY and Douglas Oil Company of California, Defendants-Appellants, and George Edward Clark and William L. Martin, II, Applicants for Intervention. PETROL STOPS NORTHWEST, Plaintiff-Appellee, v. CONTINENTAL OIL COMPANY and Douglas Oil Company of California, et al., Defendants, and George Edward Clark and William L. Martin, II, Appellants and Applicants for Intervention.

United States Court of Appeals, Ninth Circuit.

Decided June 12, 1981.

Rehearing Denied August 12, 1981.

Attorney(s) appearing for the Case

Stuart P. Jasper, Los Angeles, Cal., for defendants-appellants.

Smaltz & Neelley, Los Angeles, Cal., for Clark.

Thomas Burton, Houston, Tex., for Continental.

Jay D. Gurmankin, Salt Lake City, Utah, for Petrol; Richard Casey, Salt Lake City, Utah, on brief.

Before PREGERSON and ALARCON, Circuit Judges, and SMITH, District Judge.

PREGERSON, Circuit Judge:

These consolidated appeals stem from efforts by Petrol Stops Northwest [Petrol Stops], a private antitrust plaintiff, to gain access to testimony and documents given to a grand jury during an investigation that led to a criminal antitrust indictment against appellant Douglas Oil Company [Douglas], one of the defendants in Petrol Stops's civil suit. The matter is before us for the second time. In an earlier opinion we affirmed a district court...

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