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KING & KING ENTERPRISES v. CHAMPLIN PETROLEUM CO.

No. 80-1630.

657 F.2d 1147 (1981)

KING & KING ENTERPRISES, d/b/a King Gas & Oil; and Carl R. King, d/b/a King Gas & Oil, Plaintiffs-Appellees, v. CHAMPLIN PETROLEUM COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided August 3, 1981.

Rehearing Denied September 14, 1981.

Attorney(s) appearing for the Case

Richard W. Giauque, Berman & Giauque, Salt Lake City, Utah (Gary F. Bendinger and James R. Holbrook, Berman & Giauque, Salt Lake City, Utah, with him on the brief), for plaintiffs-appellees.

Cecil E. Munn, Cantey, Hanger, Gooch, Munn & Collins, Fort Worth, Tex. (Charles A. Zubieta, Champlin Petroleum Co., A. Camp Bonds, Bonds, Matthews, Bonds & Hayes, Muskogee, Okl., and Mark C. Hill, Fort Worth, Tex., with him on the brief), for defendant-appellant.

Before SETH, Chief Judge, and BARRETT and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

King & King were plaintiffs below in a private antitrust action which arose under § 1 of the Sherman Act, 15 U.S.C. § 1, 1980. Champlin Petroleum Co. is the defendant and the appellant. The complaint alleged violations of both § 1 and § 2 of the Sherman Act. Also there is a third party action against one Fred Dea Entriken, a former Champlin employee. In this third party claim it is alleged that if Champlin was...

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