Occidental Petroleum Corporation and Occidental of Umm Al Qaywayn, Inc. v. Buttes Gas & Oil Company

Appellants filed a private antitrust action against Buttes Gas & Oil Company, Clayco Petroleum Corporation and certain officers of Buttes and Clayco.

The district court dismissed the action as to Clayco and its officer, 331 F.Supp. 92 (1971) and no appeal has been brought from that dismissal.

Buttes urged five substantive grounds for dismissal. The district court, in an extensive and well-researched opinion, rejected all but one — the act of state doctrine. Id. Appellants now urge that the order dismissing the complaint should be reversed.

The dismissal was correct. We affirm for the reasons stated in the district court’s opinion. Id. We need not consider whether dismissal would have been appropriate for any of the other reasons urged.

The judgment is affirmed.

. We note two casen which the Supreme Court has decided during the. pendency of this appeal. In California Motor Transport Co. v. Trucking Unlimited, 404 U.S. 508 , 92 S.Ct. 609 , 30 L.Ed.2d 642 (Jan. 13, 1972) the court held that a combination to harass and deter others from having free and unlimited access to agencies and the courts may constitute a violation of the antitrust laws. While the decision is pertinent to…