RACETRAC PETROLEUM, INC. v. PRINCE GEORGE'S COUNTY

No. 85-1272.

786 F.2d 202 (1986)

RACETRAC PETROLEUM, INC., a Delaware Corporation, Appellant, v. PRINCE GEORGE'S COUNTY; Prince George's County Planning Board of the Maryland-National Capital Park and Planning Commission; District Council of Prince George's County; Council Member Gerard T. McDonough; Council Member William Amonett; Council Member Frank P. Casula; Council Member Parris N. Glendening; Council Member Sarah Ada Koonce; Council Member Ann Landry Lombardi; Council Member Sue V. Mills; Council Member Floyd Wilson; Zoning Examiner Barry S. Cramp; Greater Washington/Maryland Service Station Association and Vic Rasheed, Appellees, and Council Member Deborah Marshall (Prior Council Member); Council Member David G. Hartlove, Jr. and "John Does," the individual members of the Greater Washington/Maryland Service Station Association whose names and addresses are unknown at the present time, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided March 24, 1986.


Attorney(s) appearing for the Case

Thomas J. Hamilton (Collier, Shannon, Rill & Scott, Washington, D.C., on brief), for appellant.

Peter H. Gunst (Clifford C. Whitney, III, Frank, Bernstein, Conaway & Goldman, Baltimore, Md., on brief), for appellee The Greater Washington/Maryland Service Station Ass'n.

Steven M. Gilbert (Thomas P. Smith, Michael O. Connaughton, Upper Marlboro, Md., on brief), for appellee Prince George's County, Md.

Before WINTER, Chief Judge, and MURNAGHAN and ERVIN, Circuit Judges.


PER CURIAM:

Racetrac Petroleum, Inc. appeals from a summary judgment grant1 to the defendants, rejecting Racetrac's contentions that anti-trust violations had occurred in the course of the denial by Maryland's Prince George's County of Racetrac's application for a special zoning exception to allow a gasoline station on property it had contracted to acquire, conditional upon obtention of the necessary approval from the County to operate...

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