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D'IPPOLITO v. AMERICAN OIL COMPANY

Nos. 63 Civ. 247, 64 Civ. 736.

272 F.Supp. 310 (1967)

Solve E. D'IPPOLITO, Edward A. D'Ippolito, William C. D'Ippolito, John B. D'Ippolito, 3rd, Marie Barry, Estate of Frank D'Orio, Dewey Spadoni, Elsie Masciarella and D'Ippolito Oil Company, a body corporate of the State of Delaware, Plaintiffs, v. AMERICAN OIL COMPANY, a body corporate of the State of Maryland, Atlantic-Richfield Company, a body corporate of the State of Pennsylvania, California Oil Company, a body corporate of the State of California, Cities Service Company, a body corporate of the State of Delaware, Cities Service Oil Company, a body corporate of the State of Delaware, Gulf Oil Corporation, a body corporate of the State of Pennsylvania, Humble Oil and Refining Company, a body corporate of the State of Delaware, Sinclair Refining Company, a body corporate of the State of Maine, Sun Oil Company, a body corporate of the State of New Jersey, and Texaco, Inc., a body corporate of the State of Delaware, Defendants.

United States District Court S. D. New York.

August 18, 1967.

Attorney(s) appearing for the Case

McGoldrick, Dannett, Horowitz & Golub, New York City, Robert G. Levy Berryl A. Speert George W. Liebmann, Jerry B. Chariton, David M. Blum, Baltimore, Md., for plaintiffs.

Townley, Updike, Carter & Rodgers Ronald Daniels, New York City, for American Oil Co.

Hughes, Hubbard, Blair & Reed, Jerome G. Shapiro, New York City, for Atlantic Richfield Co.

Cravath, Swaine & Moore, Victor Earle, III, New York City, for California (Chevron) Oil Co.

Frederick L. Schofield, New York City, for Gulf Oil Corp.

Milbank, Tweed, Hadley & McCloy, A. Donald MacKinnon, New York City, for Humble Oil and Refining Co.

Wickes, Riddell, Bloomer, Jacobi & McGuire, Harold F. McGuire, New York City, for Sinclair Refining Co.

Pepper, Hamilton & Scheetz, Alfred W. Cortese, Jr., Philadelphia, Pa., for Sun Oil Co.

James O. Sullivan, New York City, for Texaco, Inc.

George H. Colin, Baer, Marks, Friedman & Berliner, New York City, for Cities Service Oil Co.

MEMORANDUM

TENNEY, District Judge.

This litigation is a consolidation of two private actions commenced in this district alleging wrongful conduct by each of the defendants under the antitrust laws. The original action was brought in January 1963 and the second action has been pending since March 1964. The claims in this suit accrued from seven to twelve years ago.

All defendants with the exception of the defendant Texaco, Inc., herein move for an...

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