PHILLIPS PETROLEUM CO., INC. v. STATE EX REL. BUTTERWORTH

No. 90-2487.

584 So.2d 106 (1991)

PHILLIPS PETROLEUM CO., INC., Appellant/Cross-Appellee, v. STATE of Florida, ex rel. Robert A. BUTTERWORTH, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fourth District.

July 31, 1991.


Attorney(s) appearing for the Case

Alan C. Sundberg, Sylvia H. Walbolt and Wayne Thomas of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, for appellant/cross-appellee.

Geoffrey B. Schwartz and Mark E. Holcomb of Huey, Guilday, Kuersteiner & Tucker, P.A., Tallahassee, for amicus curiae, Florida Petroleum Marketers Ass'n.

Robert A. Butterworth, Atty. Gen., Jerome W. Hoffman, Chief Antitrust Section, Lizabeth A. Leeds and Scott E. Clodfelter, Asst. Attys. Gen., Dept. of Legal Affairs, Antitrust Div., Tallahassee, for appellee/cross-appellant State of Fla.


STONE, Judge.

Phillips appeals an order finding it violated the Motor Fuel Marketing Practices Act, section 526.301-526.3135, Florida Statutes (1989), and particularly, section 526.305, and enjoining Phillips from selling gasoline at its company operated retail stations at prices below those it charged at the wholesale level to independent jobbers. We reverse.

We have reviewed the record and conclude that the state failed to demonstrate a violation of section...

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