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R.L. JORDAN OIL v. BOARDMAN PETROLEUM

No. 25544.

352 S.C. 34 (2002)

572 S.E.2d 288

R.L. JORDAN OIL COMPANY OF NORTH CAROLINA, INC., Plaintiff, v. BOARDMAN PETROLEUM, INC., Defendant.

Supreme Court of South Carolina.

Decided October 28, 2002.

Attorney(s) appearing for the Case

Matthew A. Henderson and Joshua M. Henderson, of Henderson, Brandt & Vieth, P.A., of Spartanburg, for plaintiff.

William M. Grant, Jr., of Grant, Leatherwood & Pitts, P.A., of Greenville; and R. Perry Sentell, III, of Kilpatrick Stockton L.L.P., of Augusta, Georgia, for defendant.

Justice MOORE:

We accepted this case on certification from the federal district court to determine the meaning of the term meet competition in S.C.Code Ann. § 39-5-325(A) (Supp.2002), which provides:

(A) Except as otherwise permitted to meet competition as provided by this chapter, it is declared an unfair trade practice and unlawful for any person who is in the retail business of selling motor fuel to sell motor fuel of like grade

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