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

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

252 F.Supp.2d 1302 (2003)

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

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

February 26, 2003.

Attorney(s) appearing for the Case

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

Derek Peterson, Gunter & Peterson, Abbeville, AL, Steven A. Benefield, Clark A. Cooper, Greer B. Mallette, A. Melissa Boles, Christian & Small, LLP, Birmingham, AL, for Sam's East, Inc., defendant.

MEMORANDUM OPINION AND ORDER

FULLER, District Judge.

Home Oil Company, Inc. ("Home Oil") filed this action against the defendant, Sam's East, Inc. ("Sam's") on October 25, 2001, claiming that it had violated and continued to violate the Alabama Motor Fuel Marketing Act ("AMFMA" or "the Act"), Ala.Code §§ 8-22-1 to -18 (1975) by selling gasoline to consumers below cost.1 (Compl., Doc. # 1.) As a result of the claimed...

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