Bob Hamro v. Shell Oil Co.

Bob Hamro, a service station operator, appeals from a judgment dismissing his action against Shell Oil Company (Shell) for violations of California’s antitrust statutes and for tortious interference with prospective economic advantage. The district court granted summary judgment in favor of Shell on three statutory tie-in claims and on the claim of intentional interference with prospective economic advantage. At trial, the district court granted Shell’s motion for a directed verdict on the remaining statutory claim of price discrimination. We affirm.

Hamro operates a service station in San Jose, California. Shell sells petroleum products and tires, batteries and automotive accessories to wholesalers, to independent retailers, to retailers who lease their stations from Shell under franchise agreements, and to consumers through service stations owned by Shell and operated by Shell employees. On November 7, 1974, Shell entered into separate lease and dealer agreements with Hamro. On December 1, 1977, Shell and Hamro signed new lease and dealer agreements. This case arises out of ■the agreements and subsequent activities of Shell and Hamro.

SUMMARY JUDGMENT

The trial court…