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BENSON AND FORD, INC. v. WANDA PETROLEUM CO.

No. 87-2333.

833 F.2d 1172 (1987)

BENSON AND FORD, INC., d/b/a Ford Gas Co., Plaintiff-Appellant, v. WANDA PETROLEUM CO., Etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 16, 1987.

Attorney(s) appearing for the Case

Jack N. Price, Austin, Tex., for plaintiff-appellant.

Bradley Westmoreland, Houston, Tex., for Ent. Prod. Co. and Wanda Petroleum Co., et al.

Before SNEED, REAVLEY and JOHNSON, Circuit Judges.

REAVLEY, Circuit Judge:

The district court dismissed defendants on the ground that plaintiff Benson and Ford's claims were precluded by a prior judgment in a case in which Benson and Ford was not a party. We reverse for the reason that privity did not exist between Benson and Ford and the plaintiff in the prior case.

I.

The prior case was brought by Shelby L.P. Gas Co. against Wanda Petroleum Co. and others alleging various antitrust claims. Shelby...

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