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OSBORN v. PENNSYLVANIA-DELAWARE SERV. STATION

Civ. A. No. 79-355.

499 F.Supp. 553 (1980)

Dale OSBORN, individually and on behalf of all others similarly situated in the County of New Castle, State of Delaware, Plaintiff, v. The PENNSYLVANIA-DELAWARE SERVICE STATION DEALERS ASSOCIATION, a corporation, and each of their respective members, the names of which are presently unknown, located within the geographical area of New Castle County of the State of Delaware; The Secretary of the United States Department of Energy and The United States Department of Energy, Defendants.

United States District Court, D. Delaware.

September 11, 1980.

Attorney(s) appearing for the Case

William J. Wier, Jr., John Merwin Bader, and Terry C. Seningen, of Bader, Dorsey & Kreshtool, Wilmington, Del., for plaintiff.

Steven D. Goldberg, of Theisen, Lank, Mulford & Goldberg, Wilmington, Del., Robert P. Weiner, of Zarwin, Baum, Arangio & Ross, Philadelphia, Pa., for defendant Pennsylvania-Delaware Service Station Dealers Association.

James W. Garvin, Jr., U. S. Atty., John X. Denney, Jr., Asst. U. S. Atty., Wilmington, Del., C. Max Vassanelli, and William G. Cole, U. S. Dept. of Justice, Washington, D. C., for defendants Secretary of the United States Department of Energy and The United States Department of Energy.

OPINION

STAPLETON, District Judge:

The named plaintiff, Dale Osborn, initiated this antitrust action against the Pennsylvania-Delaware Service Station Dealers Association (the "Dealers"), the United States Department of Energy (the "DOE") and the Secretary of the DOE. He sues on behalf of all those who regularly purchase gasoline from one or more of the Dealers within New Castle County, Delaware, and who have...

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