(Download) "Gene Davis v. Crown Central Petroleum Corporation" by Fourth Circuit United States Court Of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Gene Davis v. Crown Central Petroleum Corporation
- Author : Fourth Circuit United States Court Of Appeals
- Release Date : January 21, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
These two cases, combined on hearing because of their similarity of issues, are unfortunate by-products of the current oil shortage. Both the plaintiffs and the defendant are victims of the shortage in one form or another. They may properly be termed independents in their own particular type of operation. The plaintiffs, both citizens of North Carolina, on the one hand, are small independent oil dealers with their main operations in North Carolina. The defendant, on the other hand, is a refiner, dependent almost entirely on producers for its supply of crude oil. It has for some years been selling its product to the plaintiffs. In anticipation of the oil shortage, which all parties in the industry apparently foresaw, discussions were had among the parties as to future supplies. It is contended by the plaintiffs that the defendant agreed to supply them with certain fixed quantities of gasoline. As the energy crisis deepened, the suppliers of the defendant reduced drastically its supply of crude oil. It accordingly proceeded to allocate on a lower percentage its deliveries to its contract customers and to notify customers such as the plaintiffs, whom it denominated non-contract customers, that it would make no further sales to them. These actions followed that notification. The plaintiff Davis filed his action originally in the Western District of North Carolina, seeking injunctive relief against what he claimed was a breach of contract involving irreparable injury and damages for violation of the Sherman Act. Jurisdiction was based on diversity of citizenship and federal question. The other action was first instituted in the State Court and removed to the District Court for the Middle District of North Carolina. The plaintiff in this action sought similar relief to that demanded in Davis and federal jurisdiction was predicated on similar grounds. Preliminary injunctive relief was sought in both cases by the plaintiffs and were granted in both instances by the District Court having jurisdiction of the actions. It is from these grants of injunctive relief that the defendant has appealed in each case. Since there is similarity both of facts and issues in both cases, we ordered the appeals argued together and we shall dispose of both together. We reverse in both cases.
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