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STAR FUEL MARTS, LLC v. SAM'S EAST, INC.

No. 03-6067.

362 F.3d 639 (2004)

STAR FUEL MARTS, LLC, Plaintiff-Appellee, v. SAM'S EAST, INC., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 19, 2004.

Attorney(s) appearing for the Case

Gary S. Chilton, Holladay, Chilton & DeGiusti, PLLC, Oklahoma City, OK, for Plaintiff-Appellee.

W. Dennis Cross (and David E. Sampson, Stinson, Morrison, Hecker, L.L.P., Kansas City, MO and Eric S. Eissenstat, Fellers, Snider, Blankenship, Bailey & Tippens, P.C., Oklahoma City, OK, on the briefs), for Defendant-Appellant.

Before KELLY, LUCERO, and O'BRIEN, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

Defendant-Appellant Sam's East, Inc. ("Sam's") appeals from an order granting Plaintiff-Appellee Star Fuel Marts, LLC's ("Star") Motion for Temporary Restraining Order and Preliminary Injunction seeking to enjoin and restrain Sam's from selling motor fuel below cost as defined by the Oklahoma Unfair Sales Act, Okla. Stat. tit. 15, §§ 598.1-.11 ("OUSA"). On appeal, Sam's argues that the district court abused its discretion...

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