Leo Peltier, for Himself and as Representative of a Class of Persons Similarly Situated v. Exxon Corporation.

Peltier appeals from judgment of the District Court for the District of Oregon directing a verdict for the defendant, Exxon, at the close of Peltier’s case. The judgment was based on the court’s conclusion that Peltier had failed to present evidence from which a jury could find that defendant’s acquisition of certain gasoline distribution properties from Signal Oil Company division of Standard Oil of California was a violation either of § 7 of the Clayton Act or § 1 of the Sherman Act. It was also based on the court’s conclusion that Peltier had failed to present sufficient evidence from which a jury could ascertain the amount of damages suffered. Both rulings are assigned as error.

On March 31, 1967, Humble Oil and Refining Company was a wholly owned subsidiary of Standard Oil Company of New Jersey. (It has since merged with its parent and the parent’s name has since been changed to Exxon Corporation.) On that date, Signal Oil Company was a division of Standard Oil Company of California. On that date, Humble acquired from Standard of California some 1480 Signal service stations and 108 Sig nal distributorships in the states of California, Washington, Oregon and Idaho.…