LAZY OIL CO. v. WITCO CORP.

No. 98-3067.

166 F.3d 581 (1999)

LAZY OIL CO.; John B. Andreassi; Thomas A. Miller Oil Company, on behalf of themselves and all others similarly situated; Carl B. Brown, Proprietor; Carl B. Brown Oil; Waco Oil & Gas Company; Gassearch Corporation; Interstate Drilling, Inc.; Alamco, Inc.; R.H. Adkins Companies; Wynnewood Drilling Associates, v. WITCO CORPORATION; Quaker State Corporation; Quaker State Oil Refining Corporation; Pennzoil Company; Pennzoil Products Company. Lazy Oil Co.; John B. Andreassi; Thomas A. Miller Oil Co., Appellants.

United States Court of Appeals, Third Circuit.

Decided February 2, 1999.


Attorney(s) appearing for the Case

Joseph E. Altomare (Argued), Titusville, PA, for Appellants.

George A. Patterson, III, Brian A. Glasser, Bowles, Rice, McDavid, Graff & Love, PLLC, Charleston, WV, for Appellees Waco Oil & Gas Co., Interstate Drilling, Inc., Alamco, Inc., R.H. Adkins Companies, Gassearch Corporation.

Arthur M. Kaplan, Fine, Kaplan & Black, Philadelphia, PA, Howard J. Sedran (Argued), Levin, Fishbein, Sedran & Berman, Philadelphia, PA, Samuel D. Heins, Daniel E. Gustafson, Heins, Mills & Olson, P.L.C., Minneapolis, MN, Roberta D. Liebenberg, Liebenberg & White, Jenkintown, PA, for Appellee Wynnewood Drilling, Plaintiff Class.

Ronald S. Rolfe (Argued), Cravath, Swaine & Moore, New York, N.Y., David L. McClenahan, Kirkpatrick & Lockhart, LLP, Pittsburgh, PA, for Appellee Witco Corp.

Rufus W. Oliver, III, G. Irvin Terrell (Argued), Baker & Botts, L.L.P., Houston, TX, William M. Wycoff, Thorp, Reed & Armstrong, Pittsburgh, PA, for Appellees Pennzoil Company and Pennzoil Products Company.

Before: BECKER, Chief Judge, STAPLETON, Circuit Judge and HARRIS, District Judge.


OPINION OF THE COURT

BECKER, Chief Judge.

This is an appeal from an order of the District Court approving a class action settlement of an antitrust case. Ironically, the lead objector, Lazy Oil Co., is also the lead plaintiff, whose principal, Bennie G. Landers, conceived the suit but later became disaffected with its management and direction and ultimately with its fruits—the settlement. All the objectors are producers of Penn Grade Crude Oil, i...

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