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HOME OIL CO., INC. v. SAM'S EAST, INC.

No. CIV.A.01-T-1251-S.

199 F.Supp.2d 1236 (2002)

HOME OIL COMPANY, INC. Plaintiff, v. SAM'S EAST, INC. Defendant.

United States District Court, M.D. Alabama, Southern Division.

April 26, 2002.

Attorney(s) appearing for the Case

H. Dean Mooty, Jr., Mooty & Associates, PC, Montgomery, AL, for Home Oil Co., Inc.

Steven A. Benefield, Clark A. Cooper, Greer B. Mallette, A. Melissa Boles, Christian & Small, LLP, Birmingham, AL, Jon Comstock, Bentonville, AR, for Wal-Mart Stores, Inc., Sam's East Inc.

ORDER

MYRON H. THOMPSON, District Judge.

Plaintiff Home Oil Company, Inc., owns twelve retail gasoline/convenience stores in Houston County, Alabama, including one in Dothan located a quarter-mile from a Sam's Club owned and operated by defendant Sam's East, Inc. The plaintiff brings this lawsuit against the defendant based on alleged below-cost gasoline sales by defendant in violation of the Alabama Motor Fuel Marketing Act (AMFMA), 1975 Ala. Code §...

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