TUBAN PETROLEUM, L.L.C. v. SIARC, INC.

No. 2009-CA-0302.

11 So.3d 519 (2009)

TUBAN PETROLEUM, L.L.C. v. SIARC, INC., The Texas Company and Home Oil Co. L.L.C. And Motiva Enterprises, L.L.C.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied June 5, 2009.


Attorney(s) appearing for the Case

Lawrence D. Wiedemann, Wiedemann & Wiedemann, New Orleans, LA, for Tuban Petroleum, L.L.C.

Cheryl M. Kornick, K. Todd Wallace, Kelly B. Becker, Liskow & Lewis, New Orleans, LA, for Motiva Enterprises, L.L.C.

(Court composed of Judge DENNIS R. BAGNERIS, SR., Judge TERRI F. LOVE, Judge MAX N. TOBIAS, JR., Judge DAVID S. GORBATY, Judge EDWIN A. LOMBARD).


TERRI F. LOVE, Judge.

This appeal arises from a set of leases and fuel supply contracts. The plaintiff alleged that the defendants conspired to create a monopoly and prevent the plaintiff from obtaining Texaco branded gasoline. The refinery defendant filed an exception of no cause of action, which the trial court denied, and granted the plaintiff fifteen days to amend its petition. We find that the trial court erred in denying the exception of no cause of action and...

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