Standard Oil Company of California, a Corporation v. Clyde A. Perkins

Clyde A. Perkins brought this suit against the Standard Oil Company of California to recover treble damages for injuries allegedly resulting from Standard’s price and price-related discriminations in the sale of gasoline and oil in violation of Section 2(a), (d) and (e) of the Clayton Act, as amended by the Robinson-Patman Act.

At the conclusion of a protracted trial, the jury rendered its verdict for Perkins and against Standard assessing damages in the total sum of $336,404.57.

The court trebled this award and allowed Perkins $289,000 as an attorney’s fee ( 15 U.S.C. § 15 ) for a total of $1,-298,213.71. Standard has appealed.

Perkins started in the gasoline and oil business during 1938 as the proprietor of a single service station in the State of Washington. Over the years he acquired many more stations throughout that State and a number in Oregon. In addition, he became a wholesaler in this same territory. There he operated several bulk storage plants and sold gasoline to other wholesalers, to retailers, and to commercial users. In 1945 Perkins, together with two other dealers whose operations were similar to his own, entered into the first of a series of so-called…

On Petition for Rehearing

Before HAMLEY, KOELSCH and DUNIWAY, Circuit Judges.

Perkins’ petition for rehearing is denied. Essentially it is nothing more than a repetition of arguments concerning assignments, which we are satisfied were all adequately considered and correctly passed upon by our written opinion. However, one particular point is not unworthy of brief current comment.

Because Perkins or the Perkins corporations operated or were interested in a few retail service stations, in addition to the wholesale distribution which comprised by far the greater part of their business, we believed it useful to point out that on retrial any recovery on their 2(d) and 2(e) claims for allowances and services proportional to any Standard made to its branded dealers on the retail level should not reflect Perkins’ wholesale distribution.

The validity of our cautionary observation that under section 2(d) and its companion 2(e) a seller’s obligation for such matters is limited to customers *818 who compete with each other on the same level of distribution is in no wise weakened by the Supreme Court’s recent reversal of F.T.C. v. Fred Meyer, Inc., 359 F.2d 351 (9th Cir. 1966) reversed 390…

396 F.2d 809 STANDARD OIL COMPANY OF CALIFORNIA, a corporation, Appellant, v. Clyde A. PERKINS, Appellee. No. 19436. United States Court of Appeals Ninth Circuit. Nov. 2, 1967, As Amended on Denial of Rehearing July 11, 1968. Pillsbury, Madison & Sutro, Eugene M. Prince, Francis R. Kirkham, H. Helmut Loring, Richard J. MacLaury, San Francisco, Cal., Koerner, Young, McColloch & Dezendorf, (now McColloch, Dezendorf & Spears), Wayne Hilliard, Portland, Or., for appellant. Roger Tillbury, Portland, Or., Bonyhadi & Hall, Ernest Bonyhadi, Bruce M. Hall, Portland, Or., of Rives & Schwab, for appellee. Before HAMLEY, KOELSCH and DUNIWAY, Circuit Judges. KOELSCH, Circuit Judge. 1 Clyde A. Perkins brought this suit against the Standard Oil Company of California to recover treble damages for injuries allegedly resulting from Standard's price and price-related discriminations in the sale of gasoline and oil in violation of Section 2(a), (d) and (e) of the Clayton Act, as amended by the Robinson-Patman Act. 2 At the conclusion of a protracted trial, the jury rendered its verdict for Perkins and against Standard assessing damages in the total sum of $336,404.57. 1 3 The…