Ricky Hasbrouck, D/B/A Rick's Texaco v. Texaco, Inc., a Foreign Corporation

ORDER

The panel has voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc. The full court has been advised that the following amended opinion would be filed. No judge of the court has requested a vote on the suggestion for rehearing en banc. Fed.R.App.P. 35(b). The petition for rehearing is denied and the suggestion for a rehearing en banc is rejected.

The attached amended Opinion is ordered filed.

AMENDED OPINION

Twelve service station owners successfully sued Texaco, Inc., for price discrimination under the federal antitrust laws. Texaco appeals the jury verdict and the district court’s denial of its motion for judgment notwithstanding the verdict or, in the alternative, a new trial. We find that each of Texaco’s arguments on appeal is without merit and, accordingly, affirm the decision of the district court, 634 F.Supp. 34 .

I. Background

Ricky Hasbrouck and eleven other plaintiffs were Texaco retail service station dealers in the Spokane area; they purchased gasoline directly from Texaco and resold it at retail under the Texaco trademark. Throughout the relevant time period Texaco also supplied gasoline to John Dompier Oil Company…