Brenner

The complaint herein was filed on the 20th day of September, 1955. Plaintiff alleges that this coúrt has jurisdiction of this action under the provisions of the anti-trust laws, 15 U.S.C.A. §§ 15 and 26. Plaintiff also alleges that the “acts of the defendants * * * have constituted and do constitute an unlawful combination in restraint of, and a monopoly of and attempt to monopolize interstate trade and commerce, in violation of the Sherman Act, 15 U.S.C.A. §§ 1 and 2, and the Clayton Act, 15 U.S.C.A. §§ 14 and 18.”

Plaintiff, a service station operator who once operated a station in Emery-ville, California, seeks treble damages against defendants. After commencement of this action, the deposition of plaintiff was taken by defendant, The Texas Company, pursuant to Rule 26 of the Federal Rules of Civil Procedure, 28 U.S.C.A. On the basis of this deposition and the pleadings herein, defendants have moved for summary judgment.

No attempt will be made in this opinion to summarize in full the complaint, but sufficient reference will be made to the pertinent allegations thereof to indicate the basis for the court’s ruling. Plaintiff alleges that he operated a service station selling…