PARISH OIL CO., INC. v. DILLON COMPANIES, INC.

No. 07-1032.

523 F.3d 1244 (2008)

PARISH OIL CO., INC., and Ray Moore Tire & Petroleum Service, Inc., Plaintiffs-Appellees, v. DILLON COMPANIES, INC. d/b/a City Market, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 25, 2008.


Attorney(s) appearing for the Case

Timothy R. McDonald (Timothy G. Atkeson, Jessica Brody, and Brittany K.T. Kauffman on the brief), Arnold & Porter LLP, Denver, CO, for Defendant-Appellant.

Alphonse M. Alfano, Bassman, Mitchell & Alfano, Chartered, Washington, D.C. (Andrew R. Shoemaker and Tamera D. Westerberg, Hogan & Hartson LLP, Denver, CO, with him on the brief), for Plaintiffs-Appellees.

Before TACHA, HARTZ and McCONNELL, Circuit Judges.


McCONNELL, Circuit Judge.

We must decide, under a now-amended Colorado unfair competition statute, whether a grocery store may sell gasoline below cost if such sales are conditioned on the purchase of enough groceries above cost that the entire series of transactions comes in at a profit. We hold that it may, and therefore reverse a jury's judgment in favor of the competitors who challenged this practice.

I.

A.

Defendant Dillon Companies...

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