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GHEM, INC. v. MAPCO PETROLEUM, INC.

850 S.W.2d 447 (1993)

GHEM, INC., Plaintiff-Petitioner, v. MAPCO PETROLEUM, INC., Defendant-Respondent.

Supreme Court of Tennessee, at Nashville.

March 15, 1993.

Attorney(s) appearing for the Case

Douglas E. Jones, Jones & Rogers, Nashville, Alphonse M. Alfano, Bassman, Mitchell & Alfani, Washington, DC, for petitioner.

Dimitri G. Daskal, Washington, DC, for amici curiae Tennessee Retail Gasoline Ass'n and Service Station Dealers of America, Inc.

W. Dennis Summers, Ezra B. Jones, III, Summers & Jones, P.C., Atlanta, GA, David L. Raybin, Hollins, Wagster, & Yarbrought, P.C., Nashville, for amici curiae, Alabama Oilmen's Ass'n Alabama Ass'n of Convenience Stores.

Richard Lodge, R. Dale Grimes, Bennett L. Ross, Bass, Berry & Sims, Nashville, for respondent.

Charles W. Burson, Atty. Gen., John Knox Walkup, Sol. Gen., Perry Allan Craft, Deputy Atty. Gen., Nashville, for amicus curiae Attorney General of Tennessee.

Terry Calvani, Brian C. Burr, Pillsbury Madison & Sutro, Washington, DC, Jeffrey W. Combos, Combos & Hix, P.C., Nashville, G. William Frick, Harry M. Ng, Counsel to American Petroleum Institute, Washington, DC, for amicus curiae American Petroleum Institute.

OPINION

DROWOTA, Justice.

Pursuant to Rule 23 of the Rules of the Tennessee Supreme Court, the United States Court of Appeals for the Sixth Circuit has certified certain questions to this Court arising out of an action in which the Plaintiff seeks damages and injunctive relief based on the Defendant's below-cost pricing of gasoline.1

QUESTIONS CERTIFIED

The questions for which a written opinion of this Court...

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