United States Tenth Circuit

Defendant was properly enjoined from selling gasoline to wholesale club members at prices below actual cost. Substantial evidence tended to show that defendant's below-cost pricing unfairly increased its market share while decreasing that of its competitors.

Appellate Information

• Decided 03/19/2004
• Published 03/19/2004

Judges

• PAUL KELLY, JR., Circuit Judge., Before KELLY, LUCERO, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Gary S. Chilton, Holladay, Chilton & DeGiusti, PLLC, Oklahoma City, OK, for Plaintiff-Appellee., W. Dennis Cross (and David E. Sampson, Stinson, Morrison, Hecker, L.L.P., Kansas City, MO and Eric S. Eissenstat, Fellers, Snider, Blankenship, Bailey & Tippens, P.C., Oklahoma City, OK, on the briefs), for Defendant-Appellant.