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NATIONAL PETRO. MKTG. v. PHOENIX FUEL CO.

Civ. No. 95-CV-296W.

902 F.Supp. 1459 (1995)

NATIONAL PETROLEUM MARKETING, INC., a Nevada Corporation; d/b/a Arizona Fuel Terminal; Sunshine Western, Inc., a Nevada Corporation; John Knight II, and Miller Distributing, Inc., a Nevada Corporation, Plaintiffs, v. PHOENIX FUEL CO., INC., an Arizona Corporation; d/b/a Firebird Fuel Co. and Mesa Fuel Co. and Tucson Fuel Co.; Jack Keller and Jane Doe Keller, Husband and Wife, William Wilhoit and Jane Doe Wilhoit, Husband and Wife; United Communications Group, Ltd., a Maryland Limited Partnership, d/b/a Oil Price Information Service and Oil Express; Bruce Levenson, Scott Berhang; Julia Blalock; Carol Donoghue; Mary Welge; The United States of America; and John Does 1-35, Defendants.

United States District Court, D. Utah. Central Division.

October 6, 1995.

Attorney(s) appearing for the Case

Tony Rudman, Beus, Gilbert & Morrill, Salt Lake City, UT, Michael E. Gottfried, Richard R. Thomas, Beus, Gilbert & Morrill, Phoenix, AZ, for Plaintiffs.

Robert M. Anderson, Franklin N. Smith, Anderson & Smith, Salt Lake City, UT, D. Gary Christian, Heinz J. Mahler, Kipp & Christian, Salt Lake City, UT, William Ryan, Asst. U.S. Attorney, Salt Lake City, UT, Michael J. Salem, R. Scott Clarke, U.S. Dept. of Justice — Tax Division, Washington, DC, for Defendants.

MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS TO DISMISS FOR LACK OF PERSONAL JURISDICTION

WINDER, Chief Judge.

This matter is before the court on two separate motions to dismiss for lack of personal jurisdiction pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure: (1) that of defendants Phoenix Fuel Co., Inc. ("Phoenix Fuel"), d/b/a Firebird Fuel Co., Mesa Fuel Co., and Tucson Fuel Co.; Jack Keller (...

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