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FINA OIL AND CHEMICAL CO. v. BOYETTE

No. 87-1228.

530 So.2d 1037 (1988)

FINA OIL AND CHEMICAL CO., a Delaware Corporation, Successor by Merger to American Petrofina Marketing, Inc., Appellant, v. L.D. BOYETTE, Shirley A. Boyette and Lewyn D. Boyette, Jr., Individually and As Co-Partners Doing Business under the Name B & M Fina Oil Company, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied September 21, 1988.

Attorney(s) appearing for the Case

William H. Adams, III and Robert J. Winicki of Mahoney, Adams, Milam, Surface & Grimsley, P.A., Jacksonville, Austin Peele and M. Blair Payne of Darby, Peele, Bowdoin, Manasco & Payne, Lake City, for appellant.

Herbert T. Schwartz of Wood, Lucksinger & Epstein, Houston, Tex., William R. Slaughter, II of Slaughter & Slaughter, Live Oak, for appellees.

ERVIN, Judge.

Fina Oil and Chemical Company (Fina) appeals a judgment entered against it on an antitrust counterclaim filed by L.D. Boyette, Shirley A. Boyette and L.D. Boyette, Jr., doing business as B & M Fina Oil Company (B & M). We reverse.

American Petrofina Marketing, Inc., the predecessor corporation of Fina Oil and Chemical Corp., filed suit against B & M, alleging that B & M owed Fina $1,024,101.70. B & M filed a counterclaim pursuant...

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