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EASTERN AIR LINES, INC. v. MOBIL OIL CORP.

No. 11-1.

677 F.2d 879 (1982)

EASTERN AIR LINES, INC., Plaintiff-Appellant, v. MOBIL OIL CORPORATION, Defendant-Appellee.

Temporary Emergency Court of Appeals.

Decided April 27, 1982.

Attorney(s) appearing for the Case

James H. Bratton, Jr., Gambrell, Russell & Mobley, Atlanta, Ga., with whom Donald L. Rickertsen and John G. Despriet, Atlanta, Ga., William G. Bell, Jr., Eastern Air Lines, Inc., and Laurence A. Schroeder and James Knight, Walton, Lantaff, Schroeder & Carson, Miami, Fla., were on the brief, for plaintiff-appellant.

Thomas R. Trowbridge, III, Donovan, Leisure, Newton & Irvine, New York City, Andrew J. Kilcarr, Maureen O'Bryon and James P. Shaughnessy, Donovan, Leisure, Newton & Irvine, Washington, D.C., David S. Batcheller, Smathers & Thompson, Miami, Fla., and Charles F. Rice and Francis A. Rowen, Jr., New York City, of counsel, were on the brief, for defendant-appellee.

Before HEMPHILL, MAXWELL and POINTER, Judges.

POINTER, Judge.

This is an appeal from an order of the United States District Court for the Southern District of Florida, granting defendant's motion for summary judgment under Counts I and II of plaintiff's complaint.1 This order has been made final under Rule 54(b) of the Federal Rules of Civil Procedure. We reverse.

Eastern instituted this action on June 12, 1974, complaining of the price it was charged for jet fuel by Mobil...

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