Moore

Standard Oil Co. v. Moore

Good Law
251 F.2d 188
United States Court of Appeals for the Ninth CircuitNovember 6, 1957No. 14927California18,502 words

Opinion

Lead Opinion

Hamley, J.

This is a treble-damage antitrust suit, brought by George F. Moore, a former Seattle gasoline service station owner and operator, against seven major oil companies. 1 Charging defendants with the destruction of his business, plaintiff sought treble damages in the amount of $285,000. He also asked for a decree requiring defendants to divest themselves of all interest in, or control of, retail service stations in the competitive area. Attorneys’ fees in the sum of $40,000 were requested.

After a trial which lasted more than three months, the jury returned a verdict of $80,000 trebled, or a total of $240,000. Judgment in this sum, and for attorneys’ fees in the amount of $40,000, was entered on June 24, 1955. The prayer for equitable relief was denied.

Defendants appeal. Under five general specifications of error, they question the sufficiency of the evidence to support the verdict, the manner in which the coconspirator rule was applied, the admissibility of some of the evidence, the failure to give certain instructions, the giving of other instructions, and the failure to set aside the verdict because of asserted extraneous influences upon the jury.

I.

Background of the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.