Weingartner v. Union Oil Company Of California

431 F.2d 26 Frank K. WEINGARTNER, Robert L. Harper, Sus Suyeyasu, Neal Hall, Armando J. Acevedo, individually, and representing a class of unnamed plaintiffs, Appellants, v. UNION OIL COMPANY OF CALIFORNIA, Appellee. No. 23488. United States Court of Appeals, Ninth Circuit. August 3, 1970. Maxwell Keith (argued), James J. Duryea, San Francisco, Cal., for appellants. Moses Lasky (argued), Richard Haas, of Brobeck, Phleger & Harrison, San Francisco, Cal., L. A. Gibbons, Douglas C. Gregg, E. A. McFadden, Los Angeles, Cal., for appellee. Before HAMLEY, DUNIWAY and WRIGHT, Circuit Judges. HAMLEY, Circuit Judge: 1 Five gasoline service station dealers who sell the products of Union Oil Company of California (Union Oil), brought this antitrust suit against Union Oil on April 20, 1965. Proceeding under 15 U. S.C. §§ 15 and 26, they sought damages for the asserted violation of sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2. According to the complaint, the alleged violation consisted of Union Oil's retail price control of the gasoline sold by plaintiffs. 1 2 Ten additional gasoline service station dealers engaged in selling Union Oil products were…