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GLENN SMITH OIL CO. v. SHEETS

No. 60028.

704 P.2d 474 (1985)

GLENN SMITH OIL COMPANY, Appellee, v. H.R. SHEETS, d/b/a Sheets Oil Company, Appellant.

Supreme Court of Oklahoma.

July 16, 1985.

Attorney(s) appearing for the Case

D.D. Hayes, Muskogee, for appellee.

Stephen J. Scherer, Muskogee, for appellant.

James E. Frasier, Tulsa, for Mako, Inc.

Merrilyn L. Blackburn, Oklahoma City, for Tommy Oil, Inc.

Bradford S. Baker, Tulsa, for John E. Snider, amicus curiae.

Julian K. Fite, Muskogee, for Atex Oil Company of Texas.

ALMA WILSON, Justice.

This appeal concerns retail oil merchants engaged in the sale of gasoline products. In February and March, 1983, Muskogee, Oklahoma experienced a city-wide "gas war". During this period, H.R. Sheets d/b/a Sheets Oil Company [Appellant] admittedly sold gasoline at a price below "cost to the retailer", as defined by the Oklahoma Unfair Sales Act, 15 O.S. 1981 §§ 598.1 et seq., an Act slated...

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