Tidmore Oil Company, Inc. v. Bp Oil Company/gulf Products Division, a Division of Bp Oil Company

PECKHAM, Senior District Judge:

Tidmore Oil Company appeals the district court’s grant of summary judgment to defendant BP Oil Company. The court granted judgment on Tidmore’s first claim (violation of section 1 of the Sherman Act) on the ground that Tidmore had failed to allege the existence of an “agreement” in restraint of trade. The court granted summary judgment on Tidmore’s second claim (breach of contract) on the ground that the covenant of good faith and fair dealing, on which Tidmore’s claim depended, could not be applied to this contract. We affirm.

I. BACKGROUND

A. Facts

Tidmore Oil…