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USA PETROLEUM CO. v. ATLANTIC RICHFIELD CO.

No. 87-5681.

972 F.2d 1070 (1992)

USA PETROLEUM CO., Plaintiff-Appellant, v. ATLANTIC RICHFIELD CO., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 12, 1992.

Attorney(s) appearing for the Case

Alicia Rosenberg, Blecher & Collins, Los Angeles, Cal., for plaintiff-appellant.

Ronald Redcay, Arnold & Porter, Los Angeles, Cal., for defendant-appellee.

Before: ALARCON, D.W. NELSON, and REINHARDT, Circuit Judges.

D.W. NELSON, Circuit Judge:

Atlantic Richfield Co. ("ARCO") is one of the "major" oil companies; USA Petroleum Co. ("USA") is an "independent" gasoline marketer. USA alleges that ARCO and its dealers conspired to drive USA and other independents out of the retail gasoline market by agreeing to set retail gasoline prices below market levels. USA alleges that this vertical agreement to fix maximum resale prices violates section 1 of the Sherman Act, 15 U.S.C. §...

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