RACETRAC PETROLEUM v. DELCO OIL, INC.

No. 97-3535.

721 So.2d 376 (1998)

RACETRAC PETROLEUM, INC., Appellant, v. DELCO OIL, INC., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 11, 1998.


Attorney(s) appearing for the Case

Henry M. Coxe, III, John A. DeVault, III, and Allan F. Brooke II of Bedell, Dittmar, DeVault, Pillans & Coxe, P.A., Jacksonville, for Appellant.

J. Michael Huey, Geoffrey B. Schwartz, and George W. Hatch of Huey, Guilday & Tucker, P.A., Tallahassee, and Darren J. Elkind of James, Zimmerman, Paul & Huddleston, Deltona, for Appellee.


PER CURIAM.

Delco Oil, Inc., filed a complaint against Racetrac Petroleum, Inc., (Racetrac) seeking damages and injunctive relief, alleging that Racetrac was violating Florida's Motor Fuel Marketing Practices Act (the Act)1 by engaging in predatory pricing and selling motor fuel below nonrefiner cost. After conducting an evidentiary hearing, the trial court entered a nonfinal temporary injunction prohibiting Racetrac from selling motor...

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