Canadian American Oil Company and Frederick M. Tautenhahn, Etc. v. Union Oil Company of California

577 F.2d 468 1978-1 Trade Cases 61,910 CANADIAN AMERICAN OIL COMPANY and Frederick M. Tautenhahn, etc., Plaintiffs-Appellants, v. UNION OIL COMPANY OF CALIFORNIA, Defendant-Appellee. No. 76-1672. United States Court of Appeals, Ninth Circuit. Feb. 17, 1978. Rehearing Denied June 1, 1978. Maxwell P. Keith (argued), San Francisco, Cal., for plaintiffs-appellants. John E. Sparks (argued), San Francisco, Cal., for defendant-appellee. Appeal from the United States District Court for the Northern District of California. Before HUFSTEDLER and KENNEDY, Circuit Judges, and JAMESON, * District Judge. PER CURIAM: 1 Appellants appeal from a judgment dismissing their antitrust complaint against Union Oil Company of California ("Union"). The district court concluded that it lacked jurisdiction of the subject matter because the complaint failed to state sufficient facts to demonstrate that the challenged activities had sufficient impact upon the flow of interstate commerce to permit appellants to invoke the Sherman Act, Sections 1 and 2 ( 15 U.S.C. §§ 1 , 2). Appellants contend that the complaint stated more than adequate facts to establish that the acts complained of occurred within…