MID-WEST UNDERGROUND STORAGE, INC. v. PORTER

Nos. 81-1034, 81-1049.

717 F.2d 493 (1983)

MID-WEST UNDERGROUND STORAGE, INC., Plaintiff-Appellee Cross-Appellant, v. Louis PORTER, Hillside Underground Storage, Inc., Hillside, Ltd., and Dalco Petroleum, Inc., Defendants-Appellants Cross-Appellees. and M-P PETROLEUM, LTD., Defendant Cross-Appellee, v. Bill P. MOON and Walter E. Scott, Counterclaim Defendants Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied November 3, 1983.


Attorney(s) appearing for the Case

John T. Conlee, Wichita, Kan., and Floyd L. Walker, Tulsa, Okl. (Thomas D. Kitch, Wichita, Kan., with them on brief), for defendants-appellants, cross-appellees.

Gerald Sawatzky, Wichita, Kan. (Dwayne C. Pollard of Blackstock, Joyce, Pollard, Blackstock & Montgomery, Tulsa, Okl., with him on brief), of Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan., for plaintiff-appellee, cross-appellant.

Before HOLLOWAY, McKAY and LOGAN, Circuit Judges.


LOGAN, Circuit Judge.

The plaintiff, Midwest Underground Storage, Inc., brought an action against its former president Francis G. Melland, a former stockholder Louis Porter, and various entities controlled by Melland or Porter, alleging that the defendants violated § 1 of the Sherman Act by conspiring to engage in unfair competition for the purpose of eliminating Midwest as a competitor. Midwest also alleged that the defendants' conduct constituted business torts...

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