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TIDMORE OIL v. BP OIL CO./GULF PRODUCTS DIV.

No. 90-7326.

932 F.2d 1384 (1991)

TIDMORE OIL COMPANY, INC., Plaintiff-Appellant v. BP OIL COMPANY/GULF PRODUCTS DIVISION, A DIVISION OF BP OIL COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 7, 1991.

Attorney(s) appearing for the Case

W. Dennis Summers, Ezra B. Jones, III, Summers, Jones & O'Donnell, P.C., Atlanta, Ga., Joe R. Whatley, Jr., Birmingham, Ala., for plaintiff-appellant.

John E. Goodman, Linda Friedman, Bradley, Arant, Rose & White, Birmingham, Ala., for defendant-appellee.

Before HATCHETT and EDMONDSON, Circuit Judges, and PECKHAM, Senior District Judge.

PECKHAM, Senior District Judge:

Tidmore Oil Company appeals the district court's grant of summary judgment to defendant BP Oil Company. The court granted judgment on Tidmore's first claim (violation of section 1 of the Sherman Act) on the ground that Tidmore had failed to allege the existence of an "agreement" in restraint of trade. The court granted summary judgment on Tidmore's second claim (breach of contract) on the ground that the covenant of good faith and fair...

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