REBEL OIL CO., INC. v. ATLANTIC RICHFIELD CO.

No. 92-16932.

51 F.3d 1421 (1995)

REBEL OIL COMPANY, INC., a Nevada corporation; Auto Flite Oil Company, Inc., a Nevada corporation, Plaintiffs-Appellants, v. ATLANTIC RICHFIELD COMPANY, a Pennsylvania corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 7, 1995.


Attorney(s) appearing for the Case

William H. Bode, William H. Bode & Associates, Washington, DC, for plaintiffs-appellants.

Donald C. Smaltz, Leighton M. Anderson, Christopher H. Benbow, Emily A. Breckenridge, Smaltz & Anderson, Los Angeles, CA, Thomas F. Kummer, Vargas & Bartlett, Las Vegas, NV, Paul J. Richmond, Atlantic Richfield Co., Los Angeles, CA, for defendant-appellee.

Before: POOLE, BEEZER and KLEINFELD, Circuit Judges.


BEEZER, Circuit Judge:

This case presents three antitrust claims arising from the defendant's conduct in the retail gasoline market in Las Vegas, Nevada. The plaintiffs contend that the defendant engaged in predatory pricing between 1985 and 1989, selling self-serve, cash-only gasoline below marginal cost. The plaintiffs claim that the alleged predatory pricing was an attempt by the defendant to monopolize the market, in violation of Sherman Act § 2. The plaintiffs...

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