Benson and Ford, Inc., D/B/A Ford Gas Co. v. Wanda Petroleum Co., Etc.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
REAVLEY, Circuit Judge:
The district court dismissed defendants on the ground that plaintiff Benson and Ford’s claims were precluded by a prior judgment in a case in which Benson and Ford was not a party. We reverse for the reason that privity did not exist between Benson and Ford and the plaintiff in the prior case.
I
The prior case was brought by Shelby L.P. Gas Co. against Wanda Petroleum Co. and others alleging various antitrust claims. Shelby alleged that the defendants retaliated against it because it refused to join a price fixing conspiracy in western Louisiana. The defendants split into…
2Cases cited10 opinions
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- Montana v. United StatesSupreme Court of the United States · 1979
- Southwest Airlines Company v. Texas International Airlines, Inc. v. Texas Aeronautics Commission, Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1977
- Aerojet-General Corp. v. AskewCourt of Appeals for the Fifth Circuit · 1975
- C. A. Hardy v. Johns-Manville Sales CorporationCourt of Appeals for the Fifth Circuit · 1982
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- Howell Hydrocarbons, Inc. v. John AdamsCourt of Appeals for the Fifth Circuit · 1990
- James A. LATHAM, Plaintiff-Appellant, v. WELLS FARGO BANK, N.A., Et Al., Defendants-AppelleesCourt of Appeals for the Fifth Circuit · 1990
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