[DOWNLOAD] "Star Fuel Marts, Llc v. Sam's East" by United States Court of Appeals Tenth Circuit ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Star Fuel Marts, Llc v. Sam's East
• Author : United States Court of Appeals Tenth Circuit
• Release Date : January 19, 2004
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

PUBLISH Defendant-Appellant Sam's East, Inc. (""Sam's"") appeals from an order granting Plaintiff-Appellee Star Fuel Marts, LLC's (""Star"") Motion for Temporary Restraining Order and Preliminary Injunction seeking to enjoin and restrain Sam's from selling motor fuel below cost as defined by the Oklahoma Unfair Sales Act, Okla. Stat. tit. 15, §§ 598.1 - .11 (""OUSA""). On appeal, Sam's argues that the district court abused its discretion in issuing a preliminary injunction because (1) the OUSA does not prohibit discounts given by private wholesale clubs to their members; (2) Sam's sales to its members were not made with the intent and purpose of inducing the purchase of other merchandise or of unfairly diverting trade from a competitor; (3) Sam's sales to its members did not substantially lessen competition or tend to deceive any purchaser or prospective purchaser; and (4) the district court improperly applied the standard for entry of a preliminary injunction. Our jurisdiction arises under 28 U.S.C. § 1292(a)(1). We affirm.

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