Legal Opinion
Malcolm v. Marathon Oil Co.
Court of Appeals for the Fifth Circuit
Decided April 17, 1981No. 77-2515PublishedCited by 77 opinions
1Opinion of the Court
TUTTLE, Circuit Judge:
Patrick Malcolm’s former occupation qualifies him as a member of a vanishing breed. From 1965 to 1972 he was an independent gasoline retailer who participated in price wars in south Georgia. By 1972 he had 17 stations and plans for further expansion.
Independent gasoline retailers are considered to be mavericks by major brand wholesalers and retailers, because independents post consistently lower prices than major brand retailers. But even among independent retail businesses Malcolm’s operation was unusual. Malcolm’s “pricing was the key to [his] business.” He sought to…
2Cases cited43 opinions
- The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
- Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.Supreme Court of the United States · 1977
- Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1969
- Standard Oil Company of New Jersey, Appts. v. United StatesSupreme Court of the United States · 1910
- Story Parchment Co. v. Paterson Parchment Paper Co.Supreme Court of the United States · 1931
38 more not listed; retrieve them via the Exa API.
3Cited by77 opinions
- Quality Foods De Centro America, S.A. And Duroparts De El Salvador, S.A. v. Latin American Agribusiness Development Corporation, S.A.Court of Appeals for the Eleventh Circuit · 1983
- In Re Plywood Antitrust Litigation. French Quarter Apartments, Ltd. v. Georgia-Pacific Corporation, Georgia-Pacific Corporation v. Kohn, Savett, Marion & Graf, P. C., Movants-Appellees. Willamette Industries, Inc. v. Kohn, Savett, Marion & Graf, P. C., Movants-Appellees. Lyman Lamb Co. v. Georgia-Pacific CorporationCourt of Appeals for the Fifth Circuit · 1981
- L.A. Draper & Son v. Wheelabrator-Frye, Inc., a Corporation Hessco Industrial Supply, Inc., a Corporation Fred Z. Hester, an IndividualCourt of Appeals for the Eleventh Circuit · 1984
- Delong Equipment Company v. Washington Mills Abrasive CompanyCourt of Appeals for the Eleventh Circuit · 1989
- George Pierce and Jeff Pierce, Individually and D/B/A Pierce Sales, a Partnership v. Ramsey Winch Company, a Foreign Corp.Court of Appeals for the Fifth Circuit · 1985
72 more not listed; retrieve them via the Exa API.