Robert Hoopes and Rae S. Hoopes v. Union Oil Company of California, a Corporation

The appellants, Mr. and Mrs. Hoopes, brought this action under section 4 of the Clayton Act, 15 U.S.C. § 15 , against the Union Oil Company of California to recover treble damages for injuries allegedly resulting from violation of the antitrust laws, “including but not limited to” sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2, and section 2 of the Clayton Act, as amended by the Robinson-Patman Act, 15 U.S.C. § 13 . Two additional causes of action were alleged but are not at issue here.

After answer, partial discovery, and other pretrial proceedings, both sides moved for summary judgment on the antitrust claim. The district court granted Union’s motion on the ground that appellants “lacked standing to sue * * for the reason that under the facts of this case they are not persons injured in their business or property by reason of anything forbidden in the anti-trust laws within the meaning of 15 U.S.C.A. § 15 .” The district court determined there was no just reason for delay and directed entry of judgment. Rule 54(b), Fed.R.Civ.P. This appeal followed. We reverse.

The business history which climaxed in this suit may be briefly summarized as follows.

In 1945 appellants…