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CEDAR BROOK SERVICE STATION v. CHEVRON U.S.A.

No. CV-86-4240.

746 F.Supp. 268 (1989)

CEDAR BROOK SERVICE STATION, INC., et al., Plaintiffs, v. CHEVRON U.S.A., INC., and Cumberland Farms, Inc., Defendants.

United States District Court, E.D. New York.

June 7, 1989.

Attorney(s) appearing for the Case

Cohen, Millstein & Hausfeld, Washington, D.C., Arnold P. Azarow, Garden City, N.Y., for plaintiffs.

Dewey, Ballantine, Bushby, Palmer & Wood, New York City, for defendant Cumberland Farms., Inc.

Matthew F. FitzGibbon and Frank M. Ciuffani, Wilentz, Goldman & Spitzer, Woodbridge, N.J., for defendant Chevron, U.S.A., Inc.

COSTANTINO, District Judge.

BACKGROUND

In 1984 Chevron U.S.A. Inc. ("Chevron") acquired the Gulf Corp. ("Gulf"). Under the terms of a consent order between Chevron and the Federal Trade Commission (the "Hold Separate Order"), Chevron was required to operate the Gulf assets separately from its own, exercising no direction or control over them until Chevron divested itself of certain Gulf assets. Prior to the March 13, 1985 termination of the "Hold Separate...

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