ultimately done in the area to so-called direct dealers. Phillips supplied two branded wholesalers, Union Petroleum Company and Lapera Oil Company ("Lapera"), and two branded dealers in the area. Phillips obtained its gasoline for the two-county area from Conoco under an exchange agreement. In June of 1972, it began to withdraw from the northeastern sector for economic reasons and not because of a shortage of gasoline supply. By the end of September, 1972, it had stopped supplying these stations by agreement. They are now being serviced by other wholesalers. Three days before the contract to supply Lapera was to expire on December 31, 1972, Lapera petitioned this Court for an extension of the supply but was unsuccessful (C.A. No. 72-652). The case was discontinued with prejudice at the request of Lapera's counsel. Lapera is now being supplied by Amoco, one of the dismissed defendants. Union Petroleum Company ("Union") had a supply contract which could not be terminated by Phillips before August 31, 1973. Union is presently being serviced with gasoline by Phillips under the Federal mandatory allocation programs. The plaintiffs never requested Phillips to supply them with gasoline.
Hess is a Delaware corporation with offices in New York City and Woodbridge, New Jersey. In 1969, Hess Oil and Chemical Corporation with a refinery in Port Reading, New Jersey, was merged into Hess. One of its subsidiaries operates a large refinery in the Virgin Islands. It does not sell gasoline to any retail outlet in the market area. It does supply Berkshire Oil Company, a distributor located in Reading, Pennsylvania, approximately 75 miles from Scranton. It is able to do this by reason of an exchange agreement with Chevron. Berkshire Oil Company supplies, among other outlets, three service stations in the area displaying the Hess trademark. Hess does not own the three service stations.
Cities is a Delaware corporation with offices in New York City. It is the parent of the wholly owned subsidiary Cities Service Oil Company ("Citgo") which operates refineries in East Chicago, Indiana, and Lake Charles, Louisiana, and markets Citgo branded gasoline in the two-county area. Citgo has not been made a party defendant to this action. Plaintiffs have set forth no facts nor reasons why this Court should disregard the corporate entity of Citgo.
OPERATIVE FACTS CONCERNING THE PLAINTIFFS
Joseph Hrobuchak, with his wife, owns a gasoline service station where they have been selling unbranded gasoline under the trade name Save-Way since May, 1971. The station is located on Routes 6 and 11, in Clarks Summit (South Abington), Lackawanna County, Pennsylvania, five miles north of the City of Scranton. Unlike the other two plaintiffs, the Hrobuchaks have divided the bulk of their wholesale purchases between two principal suppliers of unbranded gasoline (Ashland and Borda) with an occasional purchase from three unbranded distributors. Shortly after receiving the notice from BP that its supply would be cut off as of April 7, 1973, Borda ceased doing business and no longer supplied the Save-Way station with gasoline. Ashland, however, continued to supply the station in accordance with its voluntary allocation program.
During the base period of Ashland's voluntary program, Hrobuchak had chosen to purchase 43% of his gasoline from Ashland while obtaining the rest from Borda. For the calendar year 1973, Hrobuchak received 329,067 gallons of gasoline from Ashland. This amount was 26,317 gallons over his allotment for that year. The latter amount was, therefore, deducted from the volume which was delivered to the Save-Way by Ashland in 1974.
After April, 1973, Hrobuchak sought other suppliers to augment his diminished supply, but the oil companies contacted by him were not taking on any new accounts at that time. Some of these companies would not have sold him any gasoline because of their policy of supplying only those stations at which the gasoline would be sold under the supplier's brand name. Hrobuchak was able to make up in part for the loss of the Borda supply and the reduced Ashland monthly shipments by obtaining intermittent tank truck loads from two other sources, Bowman Petroleum and John T. Howe. These supplies were insufficient to meet Hrobuchak's retail sales demand but permitted him to stay open about one-third his previous hours and days. Prior to April, 1973, he was able to get all the regular grade, unbranded gasoline he needed.
For the years 1971, 1972, and 1973, Hrobuchak's volume purchases of gasoline, the suppliers, the gross receipts, and net profits from selling gasoline at his Save-Way station were as follows:
% Total Gross
Year Supplier No. Gals. of Total Gallons Receipts Net Profits
1971 Borda 323,131 52%
(Last Ashland 287,328 46%
9 Mos.) Townline
Oil Co. 10,700 2% 621,159 $182,347 $8,261
1972 Borda 490,395 51%
Ashland 469,252 49% 959,647 $277,954 $13,858
1973 Borda 141,878 20%
Ashland 329,067 47%
Bowman 176,003 26%
Howe 49,800 7% 696,748 $173,000 $15,000
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