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United States Sixth Circuit


TOM-LIN ENTER. v. SUNOCO, INC., 01-4326

In an action alleging a violation of defendant's open price term obligations, summary judgment to defendant is affirmed where plaintiffs have failed to establish that defendant's DTW prices were commercially unreasonable or that its setting of rack prices relative to the DTW prices was commercially unjustifiable.

Appellate Information

  • Decided 11/12/2003
  • Published 11/12/2003

Judges

  • Before CLAY and GIBBONS, Circuit Judges;  CLELAND, District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellant:
  • Brian K. Murphy (argued and briefed), Murray, Murphy, Moul & Basil, Columbus, OH, for Appellants.

  • For Appellees:
  • A. Christopher Young (argued and briefed), Pepper, Hamilton, Philadelphia, PA, Sandra J. Anderson (briefed), Vorys, Sater, Seymour & Pease, Columbus, OH, for Appellee.
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