STATE EX REL. IEYOUB v. RACETRAC PETROLEUM, INC.

No. 01-0458.

790 So.2d 673 (2001)

STATE of Louisiana ex rel. Richard P. IEYOUB v. RACETRAC PETROLEUM, INC. et al.

Court of Appeal of Louisiana, Third Circuit.

June 20, 2001.


Attorney(s) appearing for the Case

R. Kent Dupre, Agent for Rainbow Marketers, Inc., Lafayette, LA, Counsel for: Rainbow Marketers, Inc.

Steven Gerald Durio, Durio, McGoffin & Stagg, Lafayette, LA, Jerald R. Harper, Glenn Louis Langley, Cook, Yancey, King & Galloway, Shreveport, LA, Robert Louis Broussard, Durio, McGoffin, & Stagg, Lafayette, LA, Nicole Montagnet Smith, Cook, Yancey, King & Galloway, Shreveport, LA, Counsel for: Racetrac Petroleum, Inc.

John F. McDermott, Taylor, Porter, Brooks & Phillips, L.L.P., Baton Rouge, LA, Counsel for: Lard Oil Company, Inc.

Joseph Nicholas Mole, Frilot, Partridge, Kohnke & Clements, New Orleans, LA, Counsel for: Murphy Oil USA, Inc.

Arthur Falls Schafer, Assistant Attorney General, Lafayette, LA, Counsel for: State of Louisiana ex rel. Richard P. Ieyoub.

John David Ziober, Kennon, Odom, etc., Baton Rouge, LA, Counsel for: Cracker Barrel Stores, Inc.

Richard G. Barham, Barham & Warner, Shreveport, LA, Counsel for: Brookshire Grocery Company.

Theodore Glenn Edwards IV, Attorney at Law, Lafayette, LA, Counsel for: Macro Oil Company, Inc.

Lamont Paul Domingue, Voorhies & Labbe, Lafayette, LA, Michael R. Phillips, Frilot, Partridge, Kohnke & Clements, L.C., New Orleans, LA, Counsel for: Murphy Oil USA, Inc.

Jane Anne Bishop Johnson, Assistant Attorney General, Baton Rouge, LA, Counsel for: State of Louisiana ex rel. Richard P. Ieyoub.

Brian A. Cowan, Cook, Yancy, King & Galloway, Shreveport, LA, Counsel for: Racetrac Petroleum, Inc., Super One Foods, Brookshire Grocery Company, Sporty's, Pumpelly Oil, Inc., Speedway § Gate Food Stores, Marathon Oil Company, Circle K Stores, Tosco Corporation.

Agent for Service Prentice-Hall Corporation, Agent for Chevron, Inc., New Orleans, LA, Counsel for: Chevron USA, Inc.

Agent C.T. Corporation System, Agent for Service, Baton Rouge, LA, Counsel for: Diamond Shamrock Refining and Marketing Company, Tosco Corporation, Bayou Food Stores, Inc., Marathon Oil Company.

Court composed of ULYSSES GENE THIBODEAUX, JOHN D. SAUNDERS, and MICHAEL G. SULLIVAN, Judges.


SAUNDERS, Judge.

FACTS

On October 4, 1999, the Attorney General, on behalf of the State, filed a Petition for Injunctive Relief against twenty-two defendants, including Racetrac Petroleum, Inc. (Racetrac) and Murphy Oil, USA, Inc. (Murphy). The petition asserted that the Defendants were wholesalers or retailers engaged in the retail sale of gasoline and other petroleum products below cost as defined in the Louisiana Unfair Sales Act at La.R.S. 51...

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