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BAIN v. CHAMPLIN PETROLEUM

No. 82-1002.

692 F.2d 43 (1982)

James M. BAIN, Jr. and Donald O. Brashears, Appellants, v. CHAMPLIN PETROLEUM COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 6, 1982.

Rehearing Denied September 8, 1982.

Attorney(s) appearing for the Case

John Harl Campbell, Martin M. Meyers, Campbell & Bysfield, James R. Wyrsch, Koenigsdorf, Kusnetzky, Wyrsch & Stites, Kansas City, Mo., for appellants.

Joseph J. Kelly, Jr., Curtis E. Woods, Spencer, Fane, Britt & Browne, Kansas City, Mo., Darrel D. Behring, Champlin Petroleum Co., Tulsa, Okl., for appellee.

Before HEANEY, Circuit Judge, ARNOLD, Circuit Judge, and REGAN Senior District Judge.

REGAN, Senior District Judge.

James M. Bain, Jr. and Donald O. Brashears, two of a number of Champlin Oil Company's retail "commission" dealers in the greater Kansas City area, recovered judgments against Champlin in the amounts of $77,000 and $204,000 respectively, upon a finding by the jury that by selling gasoline to Empire Oil Company, a jobber wholesaler, at a price per gallon less than the amount Bain and Brashears were...

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