Munson

Defendant has filed a Motion to Dismiss plaintiff’s amended complaint in this action on the ground that it does not come within the purview of the anti-trust laws.

Plaintiff alleges that defendant is engaged in interstate commerce in the business of producing, refining, transporting and/or distributing petroleum products in interstate commerce and owns and operates over two hundred plants from which it distributes its petroleum products to over twenty-five hundred retail service stations located throughout the States of California, Oregon, Washington, Texas, Nevada and Idaho, and that one thousand of said service stations, including the service station operated by plaintiff, were leased to. the operators thereof by the defendant under terms and conditions as set forth in the amended complaint.

Plaintiff alleges that defendant has refused to permit plaintiff to sell petroleum products, automobile accessories or miscellaneous products not manufactured, distributed or sponsored by the defendant.

*172 With its Motion to Dismiss defendant filed the affidavit of William G. King, Jr., a vice-president and sales manager of the defendant corporation, in which affiant stated that all the…