# Appendix — Gulf Oil Corp. v. Copp Paving Co. > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386414_0348%3A01 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1974 - **Citation:** 419 U.S. 186 ## Text In the Supreme Court of the United States No. 73-1012 GULF OIL CorPoRATION, UNION O1L COMPANY OF CALIFORNIA, INDUSTRIAL ASPHALT, INC., and EDGINGTON O1L CoMPANY, Petitioners, VS. Copp PAVING COMPANY, INC., Copp EQUIPMENT CoMPANY, INC., and ERNEsT A. Copp, Respondents. On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit PETITION FOR WRIT OF CERTIORARI FILED DECEMBER 28, 1973 WRIT OF CERTIORARI GRANTED MARCH 25, 1974 are Ee oo | INDEX Page Relevant docket entries in the United States Court of Appeals POE Cre INE CONE cscs cstspiecsaraicnc eins | O Complaint (filed June 24, 1970) ......s.cseseeceeceseceeesecesnenenees 3 Amended Complaint (filed December 30, 1970) ...........-.----- 13 Answer of Defendant Union Oil Company of California to Amended Complaint (filed February 26, 1971) -............-.- 25 Answer of Defendant Sully-Miller Contracting Company to Amended Complaint (filed February 26, 1971) -............--- 31 Amended Answer of Defendants Gulf Oil Corporation and Industrial Asphalt, Inc. (filed April 23, 1971) -................. 37 Affidavit of Ernest A. Copp (filed October 29, 1971) -......... 44 Order of the District Court (filed December 51, 1971) cess 49 Answers of Plaintiffs Copp Paving Company, Inc., Copp Equipment Company, Inc., and Ernest A. Copp to Defend- ants’ Third Set of Interrogatories Propounded to Plaintiffs OTe FROME 2 9972 ctr rspoerce erence 51 Response of Defendant Union Oil Company of California to Plaintiffs’ Interrogatories (filed February 22, 1972) ........ 68 Response of Defendant Union Oil Company of California to Plaintiffs’ Request for Admissions (filed February 22, 10 eee 76 ~ Response of Defendant Sully-Miller Contracting Company to Plaintiffs’ Interrogatories (filed February 22, 1972) .......... 85 Response of Defendant Sully-Miller Contracting Company ~ to Plaintiffs’ Request for Admissions (filed February 22, 2) eee eerie trom ene aon ee in ee eee ne 92 Response of Defendant Gulf Oil Corporation to Plaintiffs’ Interrogatories (filed February 23, 1972)... 101 eee | il INDEX Response of Defendant Gulf Oil Corporation to Plaintiffs’ Requests for Admissions (filed February 23, 1972) .......... Response of Defendant Industrial Asphalt, Inc. to Plaintiffs’ Interrogatories (filed February 23, 1972) -....-.-2-2------.----- Response of Defendant Industrial Asphalt, Inc. to Plaintiffs’ Requests for Admissions (filed February 23, 1972) _........ Answers of Defendant Edgington Oil Company to Interroga- tories Propounded by Plaintiff Copp with Reference to the Issue of Interstate Commerce (filed March 13, 1972) Motion of Defendants Gulf Oil Corporation, Union Oil Company of California, Industrial Asphalt, Inc., and Edgington Oil Company for Pretrial Order Limiting the Issues, and Motion of Defendant Sully-Miller Contracting Company for Summary Judgment (filed April 7, 1972) -... (Affidavit of Ernest A. Copp in Opposition to Motion for Summary Judgment (filed May 8, 1972) Order of the District Court (filed May 31, 1972). Printed as Appendix A to the Petition for Writ of Certiorari in this cause, and incorporated herein by- reference Appendix A and Appendix B to Opening Brief of Appel- lants Copp Paving Company, Inc., et al., in the Court of Appeals (filed September 26, 1972) .. Appendix II to Reply Brief of Appellants Copp Paving Company, Inc., et al., in the Court of Appeals (filed February 5, 1973) -........- Opinion of the United States Court of Appeals for the Ninth _ Circuit (filed October 3, 1973). Printed as Appendix B to the Petition for Writ of Certiorari in this cause, and incorporated herein by reference ....... Page n 128 135 144 149 155 168 June 30, 1972 ' June 30, 1972 August 14, 1972 September 26, 1972 October 19, 1972 December 5, 1972 December 26, 1972 February 5, 1973 February 5, 1973 May 16, 1973 June 13, 1973 ee eee et I PF 6 D8) sh tea Relevant Docket Entries in the United States Court of Appeals for the Ninth Circuit (No. 72-2152) Filed Order (Koelsch & Wright) granting Appel- lants leave to appeal under 1292(b) & F.R.A.P. Docketed cause and entered appearances of counsel. Filed certified transcript of record on appeal in eleven (11) volumes: Vols. 1-9, Pleadings, origi- nal only; Vols. 10 & 11, Reporter’s Transcript, original and one copy. Filed original exhibits in two boxes in Room 219. Filed 25 Appellants’ Brief. Filed Motion and Order (Duniway) extending time to file appellees’ (Union Oil & Sully-Miller, et al.) brief to December 5, 1972. Subject to recon- sideration if opposition is filed in 7 days. Filed 25 Appellees’ Brief. Filed Motion and Order (Chambers) extending time to file appellants’ reply brief to January 29, 1973. Filed Stipulation and Order (Chambers) extending time ‘to file appellants’ reply brief to February 5, 1973. Filed 25 Appellants’ Reply Brief. Filed Order (Carter, Goodwin, Ferguson) grant- ing appellants’ motion to modify Appellants’ Reply Brief, striking paragraph V, pages 28 & 29. Argued and submitted to Carter, Goodwin, Fergu- son. ‘ NERS RSE NE STINE YE NE TE TARY CR EUR UY 4 pit NEY ENN * SARI SET ; TFT —— > 4 Appendix Monopolies,” commonly known as the Sherman Act, and under _ Sections 4, 7 and 12 of the Act of Congress of October 15, 1914 [Chapter 323, 38 Stat. 731, 736 (154 I7S.C. 15, —22)] as amended entitled “An Act to Supplement Existing Laws Against Unlawful Restraints and Monopolies and for Other Purposes,” commonly known as the Clayton Act, and under 28 U.S.C. 13, 37, as hereinafter more fully appears, in order to recover damages against defendants and each of them for injury to plaintiff in their business or property resulting from the defendants and each of their violation of the Anti-Trust Laws of the United States. Count II Defendants and each of them have offices transacting businesses and are found within the Central District of California. The . violation of law hereinafter described has been and is being car- ried on within this district. DEFENDANTS Count III Gulf Oil Company, hereinafter referred to as “Gulf” is made a defendant herein. Gulf is organized and existing under the laws of the State of Delaware, has its principal place of business in Los Angeles, California, and is an integrated oil producer, re- - finer and marketeer. Gulf owns one hundred percent (100%) of defendant, Industrial Asphalt, Inc. Count IV Defendant Union Oil Company of California, was incorporated in California on November 17, 1890, has its principal place of business in Los Angeles, California. Union Oil Company is an integrated oil producer, refiner and marketeer. Union is tenth in size among United States oil companies, operates nine refineries SERN ED w PAE RP a gee tee te iciiatdliaiailaiae a ‘ Appendix 5 with approximately 382,000 barrels per day capacity, 1500 whole- sale and bulk distributorship facilities, 18,300 service stations and other rental outlets. Count V Industrial Asphalt, Inc., is a wholly owned subsidiary of Gulf Oil Company, was incorporated in California in 1963 and has its principal place of business in Van Nuys. In 1963 Gulf pur- chased Industrial Asphalt for stock. Industrial is primarily in the construction business and operates several hot plants. The location of Industrial’s operations are as follows: Orange County, Los Angeles County, Ventura County, San Luis Obispo, West Los Angeles Area, San Bernardino County, River- side County and San Diego County. Count VI Defendant Sully Miller Contracting Company is a wholly owned subsidiary of Union Oil Company of California, was in- corporated in California in 1923 and its principal place of business is Long Beach, California. Sully Miller is primarily in the business of operating asphaltic concrete “hot plants” and contracting street improvements. Count VII Copp Paving Company, Inc. was incorporated in the State of California on June 1, 1956, and its principal place of business is at 11710 East 166th Street, Artesia, California. Count VIII Plaintiff Copp Equipment Company, Inc., was incorporated on November 20, 1956, and its principal place of business is 11700 East 166th Street, Artesia, California. Count IX Plaintiff, Ernest A. Copp, started the business under the name of Copp Paving Company in June, 1954. 6 . | - Appendix - Plaintiffs are primarily engaged in the grading and paving of streets. During the period of 1954 to 1960, Copp Paving Com- pany bought most of its asphalt paving riaierials from Industrial Asphalt and -during this same reriod was one of its bigger accounts. TRADING *ND COMMERCE 3 Count X Asphaltic concrete paving mate ials are made by combining hot, crushed rock, sand, a cement-like “ller and hot asphaltic oil into a homogenous mass in a\mixing plant, commonly called a “hot plant’. The rock and sand are purchased from a rock plant. The oil ‘s purchased from an oil company. Upon arrival of the rock and sand at the “hot plant’, it is dumped into a stockpile bunker according to size and tvpe of material. The stockpiles are at _ ground level and the material is dumped into a nopper which - conveys the material overhead to the correct stockpile. This system is known as a “‘stacker.” The filler is stored in a cement silo. The asphaltic oil is delivered hot in insulated trucks and deposited into heated and insulated underground oil tanks in , the plant. The various compounds .are subsequently mixed at Oa Gh a le Hag NE te boast approximately 375° and the hot mixed asphalt is discharged into a dump truck. The truck then delivers the asphalt to the particular job. The area of trade involved also includes the general con- tracting area; primarily, streets, roadways and parking lots, the owning, operating, leasing and renting of heavy equipment, par- ticularly used in the paving area. OFFENSES CHARGED Count XI In 1958, Norwalk Asphalt Company built a plant at Bloomfield Avenue and Imperial Highway in Santa Fe Springs. In 1960, rie tn is A dating «Onto Copp Paving Company built a hot plant one-half mile northeast Ha til | Rew « Appendix 7 _ of Norwalk’s plant. From 1958 on, Industrial would underbid all competitors, even at a loss, putting economic pressure on plaintiff and Norwalk Asphalt Company. Industrial acquired Norwalk Asphalt in 1963 simultaneously with Industrial being acquired by Gulf. On or about December 1, 1963, Gulf acquired Industrial Asphalt. Subsequent to said acquisition, Defendant Gulf, through its wholly owned subsidiary, Industrial, has attempted % monopo- lize and has monopolized the purchase, transportation and the sale of the asphaltic concrete and because of the vast amount of re- sources of defendant, Gulf, and the availability of the liquid as- phalt to Industrial at unrealistic prices, defendant has engaged in a series of acts, practices and policies with the intent and purpose and with the object and effect of unlawfully interfering with plain- tiff's business. By those acts, practices and policies, defendant has unlawfully intended to attempt to monopolize or to create and maintain a monopoly and has monopolized the purchase, transpor- tation and sale in interstate commerce of asphaltic concrete and as a result of said intent, defendant has unlawfully and wrongfully injured and destroyed plaintiff's businesses, all of which is unlaw- ful and against public policy and is in violation of Section 2 of the Act of Congress of July 2, 1890 (15 U.S.C.2), commonly known as the Sherman Act. Count XIII Further, the effect of the Stock Acquisition alleged above in XII may be substantially to lessen competition or to tend to create a monopoly in violation of Section 7 of the Act of Congress of October 15, 1914, commonly known as the Clayton Act (38 Stat. 731 15 U.S.C. Section 18, as amended). Count XIV Defendant, Industrial, has also acquired at various times the several companies which also were in competition with plaintiffs oe | zg ® 4 5 8 Lo erindte, Mone den ower nes ‘ 5 TE ET te ae RS es a be 8 Appendix and defendant creating a violation of said Section 7 of the Clayton Act in that it substantially lessens competition or tends to create a monopoly in the following manner: Various entities that have been acquired have been eliminated as potential, sub- stantial, independent, competitive entities in the asphaltic concrete business. Actual and potential competition between Industrial and the various companies acquired has been eliminated. Industrial Asphalt’s acquisition of various other “hot plants” in the form of horizontal acquisitions effectively eliminated all competition in the effective competitive areas. Beginning at least as early as December 19, 1963, and con- tinuing thereafter until the present time, the defendants named the co-conspirators engaged in an unlawful combination and con- spiracy in unreasonable restraint of the aforesaid interstate trade and commerce in the asphalt production and sales. Count XV On or about September, 1964, Union Oil Company acquired Sully Miller, Inc. Subsequent to said acquisition, defendant, Union, through its wholly owned subsidiary, Sully Miller has attempted to monopolize and has monopolized the purchase, transportation and sale of the asphaltic concrete and because of the vast amount of resources of defendant, Union, and the availability of the liquid asphalt to Sully Miller at unrealistic prices, defendant has engaged in a series of acts, practices and policies with the intent and purpose and with the object and _ effect of unlawfully interfering with plaintiff's business. By those acts,- practices and policies, defendant has unlawfully intended to attempt to monopolize or to create and maintain a monopoly and has monopolized the purchase, transportation and sale in inter- state commerce of asphaltic concrete and as a result of said intent, defendant has unlawfully and wrongfully injured and destroyed plaintiff's businesses, all of which is unlawful and z a e Appendix 9 against public policy and is in violation of Section 2 of the Act of Congress of July 2, 1890 (15 U.S.C. 2), commonly known as the Sherman Act. ~ Count XVI Defendants further leased and sold in such a manner to discriminate in price between different purchasers of commodities of like, grade and quality and the effect of such discrimination is to substantially lessen competition or tends to create a monopoly. In fornwlating and effectuating the aforesaid combination and conspiracy and price fixing, said defendants and co-conspirators did those things which as hereinbefore alleged, they combined and conspired to «0, including among other things, the following: Gulf Oil Company acquired Industrial Asphalt resulting in a vertical integration, which because of the vast financial resources of defendant, Gulf, and the availability of the raw materials at basically a give-away price. This acquisition eliminates com- petition to the detriment of plaintiff. Union Oil Company's acquisitions of Sully Miller Contracting Company resulted in a vertical integration which substantially lessened competition to the detriment of plaintiff. Sully Miller, Inc's horizontal acquisitions effectively eliminated competition in the competitive area. Defendants and each of them conspired within to combine to monopolize or attempt to monopolize the trade and commerce defined above as follows: The defendants and each of them among themselves effectively have divided the geographic areas of competition so that they would effectively not be competing against each other but rather to combine their resources to eliminate such competition. Defendant Sully Miller, on or about May 12, 1969, and continuously have engaged in tie-in practices. By said tie-in arrangement, Sully Miller would agree to sell base rock material Ry a a >. wy BA. Se be 2 ms Tear COPE Y Aver te ea ee raha defectors Age ee 6 ARENA ISO RES fio ed SA Eat Biripiv', Bee oA 10 Appendix and other material substantially cheaper if the particular con. tractor would buy the asphalt from Sully Miller. Industrial Asphalt has further attempted to monopolize the area by over-extending credit to its potential customers, thereby locking in said potential customers to Industrial Asphalt. Defendant, Industrial Asphalt and defendant, Sully Miller, and each of them maintain artificially high prices in those par- ticular areas where there is no competition or slight competition and sell their products at an artificially low price, at times, sub- stantially below cost, in those areas geographically where the aforesaid defendants compete with plaintiffs. That certain combination and conspiracy further consisted of a continuing agreement and understanding between defendants and each of them to raise, fix, stabilize and maintain the prices of the product and because of such conspiracy, prices were raised, fixed, stabilized and maintained at non-competitive levels and the customers have been deprived of free and open compe- tition. Plaintiff has been substantially injured in a specific amount not yet ascertained since such determination will require dis- covery and analysis of defendants’ books and records. When these amounts have been determined, plaintiffs will seek leave of court to amend this application and to include such amount. PRAYER Wherefore, plaintiffs pray that: 1. The alleged combination and conspiracy among the defend- ants herein named be adjudged and decreed to be in unreasonable restraint of trade in violation of Section 1 of the Sherman Act. 2. That defendant has unlawfully attempted to monopolize and has monopolized the purchase, transportation, leasing and sale of asphaltic concrete products in violation of Section 2 of the Sherman Act. Po SY SENT AEENI ly LIE TID & Appendix 11 3. By selling at different prices, with the purpose and intent of driving the competition out of business or destroying compe- tition, defendants have violated Section 2 of the Clayton Act of 1914, as amended, by the Robinson-Patman Act of 1936. 4. By inducing customers to enter into tie-in arrangements the effect of which is to substantially lessen competition, Section 3 of the Clayton Act has been violated. 5. That the defendant and all persons, firms and corporations acting on their behalf or under their direction or control, be permanently enjoined from engaging in carrying out or renewing any contracts, agreements, practices or understandings or claim- ing any prices thereunder having the purpose of effect of con- tinuing, revising or renewing the aforesaid violations of the Sherman Act, the Clayton Act and the Robinson-Patman Act or any contracts, agreements, combination or conspiracy having like or similar purpose or effect. That the acquisition of defendant, Gulf Oil Company, of Industrial Asphalt and defendant, Union Oil Company's acquisition of Sully Miller Contracting Company and the various acquisitions of Sully Miller Gontracting Company and Industrial Asphalt be adjudged to be in violation of Section 7 of the Clayton Act. 6. That the defendant, Union Oil Company. be required to- divest itself of Sully Miller Contracting Company and Gulf Oil Company be required to divest itself of Industrial Asphalt, Inc. 7. Judgment be entered in favor of plaintiffs against the defendants jointly and severally for the injury and damages caused plaintiffs in an amount three-fold the actual damages they have sustained with interest thereon. -g Plaintiffs recover their cost of litigation, including rea- sonable attorney's fees. ee | y PO eg eM Oe PR en a tig te 4 12 Appendix - 9. Plaintiffs be granted such other, further and different relief as the nature of the case may require and as may seem just and proper to the court. CUMMINS, WHITE, BREIDENBACH & ALPHSON - By /s/ L.W. CrisPpo Lawrence W. Crispo Attorneys for Plaintiffs Peer te on Appendix 13 Corinblit and Shapero Jack Corinblit Attorneys at Law Suite 575, Beneficial Plaza 3700 Wilshire Boulevard Los Angeles, California 90005 { Filed December 30, 1970} Telephone: 380-4200. Attorneys for Plaintiffs United States District Court Central District of California CIVIL ACTION NO. 70-1394-DWW Copp Paving Company, Inc.; Copp Equipment Company, Inc.; and Ernest A. Copp, Plaintiffs, v. Gulf Oil Company; Union Oil Company of California, Industrial Asphalt, Inc.; Sully- Miller Contracting Company; and Edging- ton Oil Company, Defendants. AMENDED COMPLAINT UNDER THE ANTITRUST LAWS OF THE UNITED STATES AND UNDER THE CALI- FORNIA CARTWRIGHT ACT FOR DAMAGES AND INJUNCTIVE RELIEF JURY TRIAL DEMANDED The above-named plaintiffs file this Amended Complaint under Rule 15A of the Federal Rules of Civil Proecdure against the above-named defendants, and demanding trial by jury, complain and allege as follows: ee) DDE MERE IIE SD DEO AOL by Eg OK ” > %. a 4 ay & 3 2 A ¢ a 4 2 a “4 s SoaNLee Re EU a oa iam OR Pee 14 Appendix FIRST CLAIM FOR RELIEF I JURISDICTION AND VENUE 1. This claim for relief is filed under Sections 4 and 16 of the Claycon Act (15 U.S.C. 4, 26) to recover damages from, and to obtain injunctive relief against, the defendants for violations of the Antitrust Laws of the United States, including 15 US.C., Sections 1, 2, 13, 13a, 14 and 18, as hereinafter alleged. 2. Each defendant transacts business, maintains an office, and is found within the Central District of California. The interstate trade and commerce hereinafter described is carried on, in part, within this District. Unlawful acts done pursuant to violations of Sections 1 and 2 of the Sherman Act have been performed within the Central District of California. II PLAINTIFFS 3. Plaintiff Copp Paving Company, Inc. (hereinafter some- times referred to as “Copp Paving’’) is a California corporation, with its principal place of business in Artesia, California. Plaintiff Copp Equipment Company, Inc. (hereinafter someteimes referred to as “Copp Equipment’) is a California corporation, with its principal place of business in Artesia, California. Plaintiff Ernest Copp is the owner of substantially all of the stock of Copp Paving and Copp Equipment. Plaintiffs are engaged principally in the business of manufacturing and selling of asphaltic concrete and the grading and paving of streets employing asphaltic con- crete. III DEFENDANTS AND CO-CONSPIRATORS 4. Defendant Gulf Oil Company (hereinafter sometimes re- ferred to as ‘Gulf’) is a Delaware corporation with its principal ~~ MEI, IARI RAR RITE ws AS PROPER ED Appendix _ is § place of business in Los Angeles, California. Gulf produces and refines crude petroleum and markets petroleum producis through- | out the United States, including the Central District of California and in foreign countries. Gulf owns 100% of defendant Industrial Asphalt, Inc. 5. Defendant Industrial Asphalt, Inc. (hereinafter sometimes ; referred to as ‘Industrial’ is a California corporation with its principal place of business in Van Nuys, California. Industrial is primarily engaged in the construction business and operates “Hot Plants’’ for the manufacture of asphaltic concrete at each “Hot Plant” location in Orange County, Los Angeles County, Ventura County, San Luis Obispo County, San Bernardino County, Riverside County, San Diego County, and West Los Angeles area. Gulf obtwined control of Industrial by acquisition of 100% of Industrial’s capital stock in 1963. 6. Defendant Union Oil Company of California (hereinafter sometimes referred to as “Union’’) is a California corporation with its principal place of business in Los Angeles, California. Union produces and refines crude petroleum and markets petro- leum products throughout the United States, including the Cen- tral District of California, and in foreign countries. Union owns 100% of the capital stock of Sully Miller Contracting Company. 7. Defendant Sully Miller Contracting Company (hereinafter sometimes referred to as “Sully Miller’) is a California corpora- tion having its principal place of business in Long Beach, Cali- fornia. Sully Miller is engaged primarily in the business of operat- ing asphaltic concrete “Hot Plants” and contracting street improve- ments. Union obtained control of defendant Sully Miller by acquiring 100% of its capital stock in 1964. 8. Defendant Edgington Oil Company (hereinafter some- times referred to as “Edgington”) is a California corporation, with its principal place of business in Long Beach, California. EE REY ET EEL PEE LOE IMI OLLI ISLS IEEE GE TE PELE BIDDER Hoe nce WAP Tg oo reine ery 16 | Appendix Edgington produces and refines crude petroleum and markets petroleum products in California, including the Central District of California, in other states, and in foreign countries. 9. Various other firms, corporations and individuals presently unknown to plaintiffs participated as co-conspirators in the viola- tions of law alleged herein and performed acts and made state- ments in furtherance thereof. Plaintiffs will seek leave of Court to amend this complaint to name such firms, corporations and individuals when their identities become known to plaintiffs. IV NATURE OF TRADE AND COMMERCE 10. Hot asphalt oil is one of the by-products obtained from the refining of domestic and imported crude petroleum. One of the substantial uses of hot asphalt oil is in connection with the construction, maintenance, surfacing, resurfacing and repairing of roads and highways. . Asphaltic concrete paving materials are made by combining hot, crushed rock, sand, a cement-like filler and hot asphalt oil into a homogeneous mass in a mixing plant, commonly called a “hot plant’. The rock and sand are purchased from a rock plant. The hot asphalt oil is purchased from an oil company. Upon arrival of the rock and sand at the “hot plant’, it is dumped into a stockpile bunker according to size and type of material. The stockpiles are at ground level and the material is dumped into a hopper which conveys the material overhead to the correct stockpile. This system is known as a ‘stacker’. The filler is stored in a cement silo, The hot asphalt oil is delivered hot in insulated trucks and deposited into heated and insulated underground oil tanks in the plant. The various compounds are subsequently mixed at approximately 375° and the hot asphaltic . concrete is discharged into a dump truck. The truck then delivers Appendix ; 17 the asphaltic concrete to the particular job. Hot asphalt oil customarily represents approximately 25% of the cost of all of the materials that are combined in the manufacture of asphaltic concrete, Hot asphalt oil is also used to repair roads and highways in accordance with other techniques. 11. The tote! annual production and importation of hot asphalt oil into the United States ordinarily amounts to more than 6,000,000 tons, of which ninety percent (90%) is recovered from the refining of domestic and imported crude petroleum. 12. Over seventy-five percent (75%) of the total production of hot asphalt oil is used in the construction and maintenance of roads and highways. Approximately 14,000,000 square yards of asphalt pavement are constructed annually in the United States. 13. The total annual production of hot asphalt oil in Cali- fornia exceeds 1,000,000 tons per year, of which at least seventy- five percent (75%) is used in the construction and maintenance of roads and highways within the State. 14. Defendants Gulf, Union and Edgington operate refineries within the State of California in which substantial quantities of hot asphalt oil are manufactured from domestic and imported crude petroleum. Hot asphalt oil is shipped from these refineries within the State of California in interstate and foreign commerce to other states of the United States and to interstate and foreign customers. Plaintiffs and defendants Industrial and Sully Miller purchase hot asphalt oil produced from imported and domestic crude petroleum and manufacture asphaltic concrete, sometimes referred to as ‘asphalt’, therefrom as hereinabove set forth. Defendants Gulf, Union and Edgington sell to end users and contractors, including plaintiffs, substantial quantities of hot as- phalt oil to be used as hot asphalt or™as asphaltic concrete for constructing, maintaining, surfacing, resurfacing and repairing roads and highways, including Federal interstate system highways 18 Appendix ‘and highways directly connected to interstate highways. Thus, the business of supplying hot asphalt oil or asphaltic concrete for road purposes is in and directly affects interstate commerce. 15. Plaintiffs purchase hot asphalt oil and manufacture as- phaltic concrete therefrom at their hot plant in Santa Fe Springs, California. Plaintiffs thereafter either sell asphaltic concrete to third parties or use that asphaltic concrete in carrying on their business in the installation, maintenance and repair of roads and highways. Plaintiffs are in direct competition with defendants Industrial and Sully Miller in the sale of asphaltic concrete and the installation, maintenance and repair of roads and highways. 16. The movement in interstate commerce of hot asphalt oil manufactured from domestic and imported crude petroleum used in the business of supplying hot asphalt oil or asphaltic concrete for interstate and local highways and roads is in and directly affects interstate commerce. Vv OFFENSES CHARGED , 17. Beginning at a date unknown to plaintiffs and c ntinuing at least to the date of the filing of this complaint, defen ants, and each of them, together with the co-conspirators, have engaged in a continuous agreement, combination, conspiracy and concert of action in the State of California, including the County of Los Angeles, and in other western states of the United States, in unreasonable restraint of interstate commerce and trade, in the sale of hot asphalt oil, asphaltic concrete, and in the business of grading and paving of roads and highways and the defendants, and each of them, have purposely and with deliberate and specific intent, attempted to monopolize, conspired with each other and the co-conspirators, to monopolize and did monopolize, the aforesaid trade and commerce, all in’ violation of Sections 1 and 2 of the Sherman Act. teat ili LTE ELLIS LIE LET EOE TEEN ICG EE ALE IN SIESTA OOM LL OO Sl ER IT LLG ON EA OY bs . >a Appendix 19 18. One of the purposes and objectives of the aforesaid combination and conspiracy to restrain and the combination and conspiracy to monopolize, attempt to monopolize and monopoliza- tion has been the destruction and elimination of plaintiffs as a viable entity so that: (a) Plaintiffs would be eliminated as a competitor of Industrial and Sully Miller: (b) Plaintiffs would be penalized for remaining as an inde- pendent competitor in the manufacture and sale of asphaltic concrete, and in the business of grading and paving highways and roads. 19. In furtherance of the abuve-described violations of the Antitrust Laws, the defendants, and each of them, together with the co-conspirators, agreed to and in fact engaged, among other things, in the following acts and practices: (a) Fixed, stabilized and maintained the prices at which hot asphalt oil would be sold to end users, including governmental agencies and to hot plant owners. including plaintiffs; (b) Allocated and exchanged between each other supplies of | crude petroleum and petroleum products, including, but not limited to supplies of hot asphalt; (c) Fixed, stabilized and maintained the prices at which as- phaltic concrete would be sold to end users, including govern- mental agencies, and to contractors; (d) Eliminated competition and obtained and exercised monop- oly power in the operation of hot plants and in the sale of asphaltic concrete by acquiring ownership and control of a substantial number of hot plants, including more than sixty percent (60%) of all of the hot oil plants operated in Southern California and in Los Angeles and Orange Counties; (e) Allocated and divided, on a geographical basis and upon a customer basis, the outlets to whom hot asphalt oil and as- phaltic concrete would be sold; Rabe i yeep a | 20 Appendix (f) Sold asphaltic concrete at unreasonably low prices in the areas in which they competed with plaintiffs and subsidized said unreasonably low prices by artificially maintaining prices in other areas in which plaintiffs did not compete; (g) Sold and installed asphaltic concrete at or below cost in areas where plaintiffs competed with defendants and subsidized said sales by artificially maintaining higher prices in areas where plaintiffs did not compete; (h) Threatened actual and potential customers of plaintiffs that unless they refrained from purchasing asphaltic concrete from plaintiffs in plaintiffs’ area of competition, that said customers would be unable to obtain supplies of asphaltic concrete at a competitive price in other areas where said customers had no other source of supply other than defendants; (i) Extended unreasonably advantageous credit terms to cus- tomers in order to preclude said customers from purchasing asphaltic concrete from any other suppliers, including plaintiffs; (j) Required customers who were indebtéd to defendants to purchase all of their asphaltic concrete from said defendants upon threat of immediately enforcing the collection of outstanding debt, thereby precluding said customers from purchasing asphaltic concrete from other suppliers, including plaintiffs; (k) Tied the sale of other commodities, including base rock material, and tied the availability of credit to the sale of asphaltic concrete so as to induce and require purchasers of asphaltic con- crete to purchase their supply thereof from Sully Miller and not to purchase their supply from third parties, including plaintiffs; (1) Sold hot asphalt. oil and asphaltic concrete in such a man- ner as to discriminate in price between purchasers of such com- modities of like grade and quality where the effect of such dis- crimination was to substantially lessen competition and tended to create a monopoly; Appendix 21 (m) Gulf acquired all of the capital stock of Industrial, as hereinabove alleged, and the effect thereof may be substantially to lessen competition and to tend to create a monopoly, in viola- tion of Section 7 of the Act of Congress of October 15, 1914, commonly known as the Clayton Act, 15 U.S.C.. Secion 18, as amended; and (n) Union acquired all*of the capital stock of Sullv Miller, as hereinabove alleged, and the effect of that acquisition may be substantially to lessen competition, and to tend to create a mon- opoly, in violation of Section 7 of the Act of Congress of October 15, 1914, commonly known as the Clayton Act, 15 U.S.C., Section 18, as amended. VI INJURY TO PLAINTIFFS 20. By reason of the aforesaid ‘antitrust violations, plaintiffs have suffered grave damage in loss of profits, goodwill and the value of their company as a going concern. The exact amount of damage has not yet been fully ascertained, but when fully de- termined, plaintiffs will seek leave to assert the amount of damages herein. SECOND CLAIM FOR RELIEF VII JURISDICTION AND VENUE 21. This claim for relief arises under California Business and Professions Code 16750 to recover damages from, and to obtain injunctive relief against, the defendants for violations of the California Business and Professions Code Section 16720 (some- times referred to as the “Cartwright Act’). This claim is sub- stantially and directly related to plaintiffs’ First Claim for Relief, and by reason thereof, this Court has pendant jurisdiction of this claim. eA —> a * RN PP Oy gtr eT 2 — — —, ” = - PERS ABIES FREI ES ERNE IAS SIT A PASTA EE RRR ERS 22 Appendix 22. Plaintiffs hereby incorporate by reference Paragraphs 2, 3, 4, 5, 6, 7, 8, 9, 10, 13, 14 (the first sentence only), and 15 of Plaintiffs’ First Claim for Relief as though fully set forth at length herein. Vill OFFENSES CHARGED 23. Beginning at a date unknown to plaintiffs and continuing at least to the date of the filing of this complaint, defendants, and each of them, together with the co-conspirators, have engaged in a combination of capital and acts in the State of California, including Los Angeles County, in order to carry out the following purposes, among others: . (a) To create and carry out restrictions in trade and commerce; and (b) To prevent and eliminate competition in the sale of hot asphalt oil and asphaltic concrete, in violation of California Busi- ness and Professions Code Section 16720 (also known as the Cartwright Act). 24. Plaintiffs hereby incorporate by reference Paragraphs 18(a) and (b) and 19(a) through (m)/6f Plaintiffs’ First Claim for Relief as though fully set forth at length herein. IX INJURY TO PLAINTIFFS 25. By reason of the aforesaid violations of the Cartwright Act, plaintiffs have suffered grave damage in loss of profits, good will, and the value of their Company as a going concern. The exact amount of damage has not yet been fully ascertained. When fully determined, plaintiffs will seek to assert the amount of dam- ages herein. AP a RS 7 NEE Appendix 23 PRAYER Wherefore, plaintiffs pray that: (1) The alleged combination and- conspiracy among the de- fendants herein named be adjudged and decreed as a violation of Section 1 of the Sherman Act; (2) That the attempts to monopolize, conspiracy to monopolize and monopolization hereinabove alleged be declared to be a viola- tion of Section 2 of the Sherman Act; (3) That the sales at discriminatory prices hereinabove alleged be declared to be in violation of Section 2 of the Clayton Act of 1914 as amended by the Robinson-Patman Act of 1936; (4) That the tie-in arrangements hereinabove alleged be de- clared to be in violation of Section 3 of the Clayton Act; (5) That the acquisition by defendant Gulf of the capital stock of Industrial, and the acquisition by defendant Union of the capital stock of defendant Sully Miller, and the various acquisitions of hot plants, by Industrial and Sully Miller, be adjudged to be in violation of Section 7 of the Clayton Act; (6) That defendant Union be required to divest itself of the capital stock of Sully Miller and that defendant Gulf be required to divest itself of the capital stock of Industrial ; (7) That the combination and conspiracy hereinabove alleged be declared to be in violation Section 16720 of the California Busi- ness and Professions Code and the Cartwright Act; (8) That defendants, and all persons, firms and corporations acting on their behalf or under their direction or control, be per- manently enjoined from engaging in carrying out or renewing any contracts, agreements, practices or understandings hereinabove alleged; (9) That judgment be entered in favor of plaintiffs and against the defendants, jointly and severally, for the injury and damages caused plaintiffs in an amount equal to threefold the actual dam- ages sustained by plaintiffs; iat IRF LOGE ES EIS SATE NII 5% TENS Re alas TF WVU SC la a hate one Shs a Nae ches ae ee eee CO ee AAR GE CAIRNE BBN ta uPA AY et on a DPR ert Bs sh PCR IES B97 GLIA 24 Appendix (10) That plaintiffs recover their costs of litigation, including reasonable attorneys’ fees; and (11) That plaintiffs be accorded such other, further and dif- ferent relief as the nature of the case may require and as may seem just and proper to the Court. CORINBLIT AND SHAPERO By: MARTIN M. SHAPERO Attorneys for Plaintiffs PLAINTIFFS DEMAND A JURY TRIAL Appendix 25 United States District Court for the Central District of California { Title of case omitted in printing} { Filed February 26, 1971} ANSWER OF DEFENDANT UNION OIL COMPANY OF CALIFORNIA TO AMENDED COMPLAINT Union Oil Company of California, hereafter “Union,” answers plaintiffs’ amended complaint as follows: ANSWER TO FIRST CLAIM FOR RELIEF 1. Union denies the averments of Paragraph 1 of the amended complaint, except that it admits that plaintiffs’ first claim for relief purports to be filed under the provisions of 15 U.S.C. § 26. 2. Union is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 2 of the amended complaint, except that it admits that Union, Sully- Miller Contracting Company, Industrial Asphalt, Inc., and Edging- ton Oil Company each maintains an office, transacts business or is found in the Central District of California, and denies that Union has done or performed any acts in violation of or pursuant to any violations of Sections 1 and 2 of the Sherman Act in the Central District of California or in any other place. 3. Union is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraphs 3, 4, and 5 of the amended complaint except that it admits that Industrial Asphalt, Inc. operates “hot plants” for the manufacture of asphaltic concrete. 4. Union admits the averments of Paragraph 6 of the amended complaint, except that it denies that it produces and refines crude petroleum and markets petroleum products throughout the United States, and denies that it refines crude petroleum and markets petroleum products in foreign countries. Se ee ) a 2 + yeaa © = Appendix 91 VERIFICATION State of California County of Los Angeles—ss. Robert K. MacGregor, first duly sworn, states: I am an officer, to wit: President, of Sully-Miller Contracting Company, a corporation, and am authorized to and make this verification on behalf of said corporation, 1 have read the fore- going response of Defendant Sully-Miller Contracting Company to Plaintiffs’ Interrogatories, and the information stated therein is true to the best of my knowledge, information and belief. * ./s/ RoBeRT K. MACGREGOR {Jurat and Certificate of Service omitted in printing} EER REALISE LOTT TL NES NEE BE AL ME EE HIE IP I SE - FAS RE GBM AE He? . * . “Appendix — United States District Court for the Northern District of California [Title of case omitted in printing} [Filed February 22, 1972} RESPONSE OF DEFENDANT SULLY-MILLER CONTRACTING COMPANY TO PLAINTIFFS’ REQUEST FOR ADMISSIONS Defendant Sully-Miller Contracting Company (hereafter “Sully-Miller’”J “responds to “Requests for Admissions Filed Pur- suant To The Order Of Court Dated December 30, 1971, Relat- ing To The Issue Of Interstate Commerce And Whether The Alleged Conspiracy Was One Affecting Interstate Commerce,” dated January 19,1972, as follows: * * * * 6 REQUEST FOR ADMISSION NO. 3: That the Federal Government contributes a portica of the cost of construction of certain public highways. - RESPONSE TO REQUEST FOR ADMISSION NO. 3: Sully-Miller objects to this request, and to requests numbers 4 through 16, which are of a similar vein, on the ground that whether or not the Federal Government: contributed money in connection with local highway construction projects, or whether the Federal Government required any particular kind of perform- ance or behavior as a condition of its aN, is irrelevant to the question of interstate commerce. However, without waiving this objection, and solely for the purpose of moving this case along and avoiding a dispute over inconsequential matters, Sully-Miller admits that the matter stated in this request is true. REQUEST FOR ADMISSION NO. 4: That the basis of such Federal participation is the Federal Aid _ Highway Act (23 U.S.C., Sections 101 through 141). . ‘ . — GEERT SERENE POT LET ER LOD IE IIIT ELL SET SN / es wall ‘ “ RTM ORGS So ee ener ghee Remo eee sm Te vee f ? . ve Fen ae Shetek RAIA Py MELE MSE Appendix . 93 RESPONSE TO REQUEST FOR ADMISSION NO. 4: Without waiving the objection to this request previously set forth in its Response to Request for Admission No. 3 and, again, solely for the purpose of moving this case along and avoiding a dispute over inconsequential matters, Sully-Miller admits that the matter set forth in this request is true. REQUEST FOR ADMISSION NO. 5: That under the Federal Aid Highway Act referred to herein- above, the Federal Government assumes up to ninety percent (90%) of the highway construction costs (23 U.S.C. 120) upon approval by the Secretary of Commerce of the plans and specifi- cations submitted by the various state highway departments (23 U.S.C. Section 109). RESPONSE TO REQUEST FOR ADMISSION NO. 5: Without waiving the objection to this request previously set forth in its Response’ to Request for Admission No. 3 and, again, sciely for the purpose of moving this case along and avoiding a dispute over inconsequential matters, Sully-Miller admits that the matter set forth in’ this request: is true. REQUEST FOR ADMISSION NO. 6: To qualify for contributions by the Federal Government the state must conform to standards set forth in the statute, such as vehicle weight and, width limitations (23 U.S.C., Section 127), control of outdoor advertising (23 U.S.C., Section 131), creation of a highway safety program (23 U.S.C., Section 135), control of junk yards (23 U.S.C., Section 136). _ RESPONSE TO REQUEST FOR ADMISSION NO. 6: Without waiving the objection to this request previously set forth in its Response to. Request for Admission No. 3 and, again, solely for the purpose of moving this case along and avoiding ; of ee eee ee FESR IE OLE ig 5 PN CRE APONTE 94 Appendix a dispute over inconsequential matters, Sully-Miller admits that the matter set forth in this request is true. REQUEST FOR ADMISSION NO. 7: That each project is subject to the inspection and approval of the Secretary of Transportation and was formerly under the con- trol of the Secretary of Commerce. . RESPONSE TO REQUEST FOR ADMISSION NO. 7: Without waiving the objection to this cequest previously set forth in its Response to Request for Admission No. 3 and, again, solely for the purpose of moving this case along and avoiding a dispute over inconsequential matters, Sully-Miller admits that the matter set forth in this request is true. REQUEST FOR ADMISSION NO. 8: That all wages paid for laborers and mechanics employed by _ contractors or subcontractors on roads funded by the Federal Aid Highway Act is controlled by the Davis-Bacon Act (40 U.S.C., Section 276A) (23 US.C., Section 113). RESPONSE TO REQUEST FOR ADMISSION NO. 8: Without waiving the objection to this request previously set forth in its.Response to Request for Admission. No. 3 and, again,* solely for the purpose of moving this case along and avoiding a dispute over inconsequential matters, Sully-Miller admits that the matter set forth in this request is true. REQUEST FOR ADMISSION NO. 9: That small business enterprises are to be assisted by the Secretary insofar as feasible in obtaining contracts in order to encourage full and free competition under the Federal Aid Highway Act (23 US.C., Section 304). RESPONSE TO REQUEST FOR ADMISSION NO. 9: Without waiving the objection to this request previously set forth in its Response to Request for Admission No. 3 and, again, oe Se Ta eee . Ie Ss ene sk ee + i i ie ea eee MATT? aia gs CREME SATII TEN ST MERIT I DOT ETE NS Rb AEA NE GRO TE OM OM aoe ee Te ER a SRF Beate Gach Sit PETS AER Nee ee See ed CEE ERT ee ET EIS, Appendix 95 solely for the purpose of moving this-case along and avoiding a dispute over inconsequential matters, Sully-Miller admits that the matter set forth in this request is true. REQUEST FOR ADMISSION NO. 10: That any state declaring to avail itself of the provisions of the Federal Aid to Highway Act, (Title 23, U.S.C. 101 et seq.) shall have a highway department which shall have adequate powers and be suitably equipped and organized to discharge to the satisfaction of the Secretary the duties required by the Act (23 U.S.C., Section 302). RESPONSE TO REQUEST FOR ADMISSION NO. 10: Without waiving the objection to this request previously set forth in its Response to Request for Admission No. 3 and, again, solely for the purpose of moving this case along and avoiding a dispute over inconsequential matters, Sully-Miller admits that the matter set forth in this request is true. REQUEST FOR ADMISSION NO. 11: That the State of California has qualified to receive and does receive funds from the Federal Government pursuant to Title 23 US.C. Section 101 et seq., and assents specifically to the provisions of Title 23 of the United States Code relative to Federal aid and other cooperative highway work (Section 820, Streets and High- ways Code of the State of California). RESPONSE TO REQUEST FOR ADMISSION NO. 11: Without waiving the objection to this request previously set forth in its Response to Request for Admission No. 3 and, again, solely for the purpose of moving this case along and avoiding a dispute over inconsequential matters, Sully-Miller admits that the matter set forth in this request is true. REQUEST FOR ADMISSION NO. 12: That the State of California has apportioned ninety-eight and one-half percent (981/2%) of the money received by it under the 2 if AREAL RGA EIT IRR RISE 6 one ss ai eonrthge, RENT LL CREOLE LALO LE REM RES GMB IAT LILO LOUS, AH TENS WO 96. Appendix Federal Highway Act of 1950 for the improvement of county high- ways (Section 201, Streets and nuigerngs Code of the State of California). RESPONSE TO REQUEST FOR ADMISSION NO. 12: Without waiving the objection to this request previously set forth in its Response to Request for Admission No. 3 and, again, solely for the purpose of moving this case along and avoiding a dispute over inconsequential matters, Sully-Miller -admits that the, matter set forth in this request is true. REQUEST FOR ADMISSION NO. 13: That the plaintiff Copp, in order to perform work on county roads-funded by the United States Government under the Federal Highway Aid Act (23 U.S.C. Section 101 et seq.) is required to comply with all the provisions of the executed order No. 11246, dated September 24, 1965. RESPONSE TO REQUEST FOR ADMISSION NO. 13: Without waiving the objection to this request previously set forth in its Response to Request for Admission No. 3 and, again, solely for the purpose of maqving this case along and avoiding a dispute over inconsequential matters, Sully-Miller admits that the matter set forth in this request is true. REQUEST FOR/ADMISSION NO. 14: That the defendant Sully-Miller, in order to perform work on the county roads funded by the United States Government under the Federal Highway Aid Act (23 U.S.C., Section 101 et seq.), is required to comply with all the provisions of the executed order No. 11246, dated September 24, 1965. RESPONSE TO REQUEST FOR ADMISSION NO. 14: Without waiving the objection to this request previously set forth in its Response to Request for Admission No. 3 and, agair solely for the purpose of moving this case along and avoiding a ee SI ER OT ys oe Oe AA EG Nn ee ee EE oe OE oe Le ia LARPs LEN ae > Appendix 97 dispute over inconsequential matters, Sully-Miller admits that the matter set forth in this request is true. REQUEST FOR ADMISSION NO. 15: That the defendant Industrial, in order to perform work on county roads funded by the United States Government under the Federal Highway Aid Act (23 U.S.C., Section 101 et seq.), is required to comply with all the provisions of the Executive Order No. 11246, dated September 24, 1965. RESPONSE TO REQUEST FOR ADMISSION NO. 15: - Without waiving the objection to this request previously set forth in its Response to Request for Admission No. 3 and, again, solely for the purpose of moving this case along and avoiding a dispute over inconsequential matters, Sully-Miller admits that the matter set forth in this request is true. REQUEST FOR ADMISSION NO. 16: Attached hereto and made a part hereof are a group of docu- ments labeled Exhibit “A”, 1 through 11 respectively. Does Sully- Miller admit the documents so identified as “A” 1 through 11 are true and correct photostatic documents submitted by Sully- Miller on or about the date, February 2, 1970, reflecting the com- pliance by Sully-Miller to Executive Order 11246. RESPONSE TO REQUEST FOR ADMISSION NO. 16: Without waiving the objection to this request previously set forth in its Response to Request for Admission No. 3 and, again, solely for the purpose of moving this case along and avoiding a dispute over inconsequential matters, Sully-Miller admits that the matter set forth in this request is true. REQUEST FOR ADMISSION NO. 17: = That the defendant Gulf owns all the outstanding stock of the defendant Industrial. RESPONSE TO REQUEST FOR ADMISSION NO. 17: Admitted. PEED ALAN EMITS EOS ” q 98 . Appendix _ REQUEST FOR ADMISSION NO. 18: That Union Oil owns all the stock of the defendant Sully-Miller. RESPONSE TO REQUEST FOR ADMISSION NO. 18: Admitted. REQUEST FOR ADMISSION NO. 19: That the defendant Union is engaged in interstaté commerce. RESPONSE TO REQUEST FOR ADMISSION NO. i9: Sully-Miller admits that, in some of its operations, defendant Union is engaged in interstate commerce, denies that, in other of its operations, defendant Union is so engaged, and specifically denies that defendant Union is or was engaged in interstate com- merce when defendant Union sells or sold, to customers located in California, liquid asphalt refined in California. REQUEST FOR ADMISSION NO. 20: That the defendant Gulf is engaged in interstate-commerce. . RESPONSE TO REQUEST FOR ADMISSION NO. 20: Sully-Miller admits that, in some of its operations, defendant Gulf is engaged in interstate commerce, denies that, in other of its operations, defendant Gulf is so engaged, and specifically denies that defendant Gulf is or was engaged in interstate commerce when defendant Gulf sells or sold, to customers located in Cali- fornia, liquid asphalt refined in California. REQUEST FOR ADMISION NO. 21: That the defendant Edgington is engaged in interstate com- merce. RESPONSE TO REQUEST FOR ADMISSION NO. 21: ‘Sully-Miller has made reasonable inquiry, but the information : known to it is insufficient to enable it to admit or deny the matter stated in this request. Sully-Miller is therefore without knowledge or information sufficient to permit it to truthfully admit or deny the matter stated. STE obeys Duns aoe PRIN gee SS rs RIS RA TREE Rr ae eR PE RE: LEER AG BELAE ARM Appendix 99 REQUEST FOR ADMISSION NO. 22: That the defendant Edgington ships some of the hot asphalt oil produced by it to other states of the United States, and sells hot asphalt oil to custoiners located in other states. RESPONSE TO REQUEST FOR ADMISSION NO. 22: Suity-Miller admits that defendant Edgington sells hot asphalt oil to customers located in states other than California and has made a reasonable inquiry as to the remaining matter set forth in this request, but the information known to Sully-Miller is in- sufficient to permit it to admit or deny the remaining matter stated. Sully-Miller is therefore without knowledge or informa- tion sufficient to permit it to truthfully admit or deny that defendant Edgington ships some of the hot asphalt oil produced by it to other states of the United States. REQUEST FOR ADMISSION NO. 23: That the defendant Union ships some of the hot asphalt oil produced by it to other states of the United States, and sells hot , asphalt oil to customers located in other states. RESPONSE TO REQUEST FOR ADMISSION NO. 23: Admitted. ’ REQUEST FOR ADMISSION NO. 24: That the defendant Gulf ships some of the hot asphalt oil / produced by it to other states of the United States, and sells hot asphalt oil to customers located in other states. 100 Appendix RESPONSE TO REQUEST FOR ADMISSION NO. 24: Denied. Dated: February 18, 1972. - Douglas C. Gregg E. A. McFadden Moses Lasky . Richard Haas George A. Cumming, Jr. Brobeck, Phleger & Harrison « ; By /s/ GeEorGE A. CUMMING, JR. ‘George A. Cumming, Jr. Attorneys for Defendant Sully-Miller Contracting Company [Certificate of Service omitted in printing}. Appendix 101 United States District Court for the Northern District of California [Title of case omitted in printing} [Filed February 23, 1972} RESPONSE OF DEFENDANT GULF OIL CORPORATION - TO PLAINTIFFS’ INTERROGATORIES Gulf Oil Corporation (hereinafter referred to as ‘‘Gulf’’) re- sponds to Interrogatories Propounded by Plaintiff Copp with Ref- erence to the Issue of Interstate Commerce, dated January 19, #972, as follows: * * * INTERROGATORY NO. 10. With reference to the source of the crude oil which your com- pany processes, state for each year from 1958 to date the source of said crude oil, and in said response set forth specifically: A. The total amount of crude oil processed by your company | within the State of California for each year in question. Set forth the number in terms of either gallons or barrels or the standard measufement which you may use at your refinery. . B. Set forth in the measurement used by you the amount of oil refined for each year which is obtained by your company, the origin of which was in the confines of the State of California. : C. Set forth in the measurement used by you the amount of oil refined for each year which is obtained by your company, the origin of which was outside of the confines of the State of California. D. . Set forth in the measurement used by you the amount of oil refined foryeach year which is obtained by your company, the origin of which was outside the confines of the continental United States. fos a re ea NGD SEMA TAGE HIE PY ‘ Deny oe i x | SAO Fc PDX PERT hts bila Ap atead 2 3 eee OF ge ee tat hed id sires 102 Appendix RESPONSE TO INTERROGATORY NO. 10: Gulf objects to this interrogatory on the grounds that the infor- mation sought is totally irrelevant to the issue raised as to whether or not the alleged acts of this defendant occurred in or had a sub- stantial adverse effect upon interstate commerce. Without waiving its objections, however, Gulf has answered this interrogatory insofar as its available records permit for the years 1955 through 1970 in “Exhibit A,” attached hereto. INTERROGATORY NO. 11. ‘ State the location of each refinery owned by your company within the State of California, identifying the period of time said refinery has been in existence from the years 1958 to date. A. With reference to the refineries identified herein, set forth and state the capacity of each refinery in terms of the total crude oil processed by said refinery for each year, from 1958 to date. B. State for each refinery the total amount of petroleum prod- ucts produced by each refinery from 1958 to date, including gaso- line, kerosene, motor oil, and liquid asphalt production. (The list requested is by way of example only, and if any other petroleum products are produced, you will set forth each and every other petroleum product so produced including quantity thereof.) RESPONSE TO INTERROGATORY NO. 11: At all times since October 1, 1965, Gulf has owned and operated one refinery in the State of California which is located in Santa Fe Springs, California. Gulf objects to this interrogatory to the extent that it seeks information pertaining to the production at said refinery of any product other than asphalt on the grounds that said interrogatory to that extent is irrelevant to the subject matter of this litigation and is not likely,to lead to the discovery of relevant evidence. The production of liquid asphalt at Gulf's a] : Appendix 103° Santa Fe Springs Refinery for the years 1965 through 1970, is set forth in “Exhibit A.” INTERROGATORY NO. 12. For each of the petroleum products so identified in response to Interrogatory No. 11 hereinabove, state for edch year in ques- tion the total volume of said product sold and distributed within the confines of the State of California. A. For each of the petroleum products so identified in response to Interrogatcry No. 11 hereinabove, state for each year in question the total volume of said product sold and distributed outside the confines of the State of California. | . B. For each of the petroleum products so identified in response to Interrogatory No. 11 hereinabove, state for each year in question the total volume of said product sold and distributed outside the confines of the continental United States. RESPONSE TO INTERROGATORY NO: 12: Gulf objects to this* interrogatory to the extent that it seeks -information pertaining to products refined at Gulf’s Santa Fe Springs Refinery other than liquid asphalt on the grounds that to that extent the information sought is irrelevant to the subject matter of this litigation and is not likely to lead to the discovery of relevant evidence. Ail of the liquid asphalt produced by Gulf at its Santa Fe Springs Refinery was sold by Gulf in Los Angeles County. INTERROGATORY NO. 13. With reference to all crude oil which you have hereinabove identified as its origin be:ng outside the confines of the State of California, identify the meéans by which you received said oil including a description of the specific boat lines if said oil was 7 " SST ‘ Ae Set EGON 104 Appendix received by boat, or the specific railroad lines if said oil was re- * ceived by rail. RESPONSE TO INTERROGATORY NO. 13: During the period October 1, 1965 to December 30, 1970, all such crude oil was received by Gulf by pipelines or tank ships. INTERROGATORY NO. 14. With reference to all petroleum products shipped outside the confines of the State of California by you, identity the means by which you shipped said oil including a description of the specific railroad lines if said oil was shipped by rail. RESPONSE TO INTERROGATORY NO. 14: Gulf objects to this interrogatory to the extent that it seeks information relating to products other than liquid asphalt on the grounds that such interrogatory is irrelevant. At’ no time since October 1, 1965 has Gulf shipped liquid asphalt outside the con- fines of the State of California. INTERROGATORY NO. 15. With reference to liquid asphalt, set forth for each year from 1959 to the present, the total amount of liquid asphalt shipped to the states of: A. Washington; B. Oregon; C. Nevada; D. New Mexico. RESPONSE TO INTERROGATORY NO. 15: The answer to this interrogatory is set forth in Gulf’s Response to Interrogatory No. 14. aici aetade — ~ AOR MY Soe be Se ete LEARY SENT RAYA ETF LE EEE INT CE A eon re CN a a CONE ep te EE he ES OT, SOS OE ee Appendix 105 INTERROGATORY NO. 16. With ieference to sales made within the State of California, set forth for the years 1958 to the present, the total amount of liquid asphalt sold in each county of the State of California. RESPONSE TO INTERROGATORY NO. 16: Since October 1, 1965, all of Gulf's sales of liquid asphalt were made in Los Angeles County, California. INTERROGATORY NO. 17. With reference to the sale of liquid ssetiall: identify for each year from 1958 to date, each company to whom you have sold liquid asphalt, setting forth by way of summary for each year the total amount of liquid asphalt sold to said individual company (listing, for example, the total amount of liquid asphatc sold by Gulf to Sully-Miller for the year 1965). RESPONSE TO INTERROGATORY NO. 17: Since October 1, 1965, all of Gulf’s sales of liquid asphalt were made to Industrial Asphalt, a wholly owned subsidiary of Gulf. ' Dated: February 18, 1972. R. W. Curtis F. E. Laymon D.R. Arnett * By /s/ R. W. Curtis R. W. 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Appendix 107 AFFIDAVIT OF R. W. CURTIS | State of California County of Los Angeles—ss. R. W. Curtis, being first duly sworn, deposes and says: I am Regional Attorney for defendant Gulf Oil Corporation in the within action. The foregoing answers to plaintiffs’ interrogatories are true and correct to the best of my own knowledge. Dated: February 18, 1972. /s/ R. W. Curtis ‘ R. W. Curtis [Jurat and Certificate of Service omitted in printing} Sa ee ee a v« 108 ; Appendix United States District Court for the Northern District of California [ Title of case omitted in printing} [ Filed February 23, 1972} RESPONSE OF DEFENDANT, GULF OIL CORPORATION TO PLAINTIFFS’ REQUESTS FOR ADMISSIONS Defendant Gulf Oil Corporation (hereinafter referred to as “Gulf”) responds to “Requests For Admissions Filed Pursuant To The Order Of Court Dated December 30, 1971, Relating To The Issue Of Interstate Commerce, And Whether The Alleged Conspiracy Was One Affecting Interstate Commerce,” dated Jan- uary 19, 1972, as follows: * * * * REQUEST FOR ADMISSION NO. 3: That the Federal Government contributes a portion of the cost of construction of certain public highways. RESPONSE TO REQUEST FOR ADMISSION NO. 3: Without admitting the relevancy thereof, Gulf admits that the matter stated in this request is true. REQUEST FOR ADMISSION NO. 4: - That the basis of such Federal participation is the Federal Aid Highway Act (23 US.C., Sections 101 through 141). RESPONSE TO REQUEST FOR ADMISSION NO. 4: Without admitting the relevancy thereof, Gulf admits that the matter stated in this request is true. REQUEST FOR ADMISSION NO. 5: That under the Federal Aid Highway Act referred to herein- above, the Federal Government assumes up to ninety percent (90%) of the highway construction costs (23 U.S.C. 120) upon EE a es Bee Rn EERE ILI AERP OLIGO EEE AE AIC AEF ED RR EN ie hee BS: Appendix 109 approval by the Secretary of Commerce of the plans and specifi- cations submitted by the various state highway departments (23 U.S.C. Section 109). RESPONSE TO REQUEST FOR ADMISSION NO. 5: Without admitting the relevancy thereof, Gulf admits that the matter stated in this request is true. REQUEST FOR ADMISSION NO. 6: To gpality for contributions by the Federal Government the state must conform to standards set forth in the statute, such as vehicle weight and width limitations (23 U.S.C., Section 127), control of outdoor advertising (23 U.S.C., Section 131), creation of a highway safety program (23 US.C., Section 135), control of junk yards (23 U.S.C., Section 136). WARD iy ES OUI RESPONSE TO REQUEST FOR ADMISSION NO. 6: : Without admitting the relevancy thereof, Gulf admits that the matter stated in this request is true. f { t i ¥ 4 = x © i x : te & a ‘ e | _ B. Oregon; : .C. Nevada; D. New Mexico.” ANSWER TO INTERROGATORY NO. 15 Edgington objects to this interrogatory on the ground that the information sought by the plaintiffs goes beyond the 1960 through 1969 time period for discovery imposed by this Court. In an attempt to expedite and facilitate discovery in these pro- ceedings, and for.the purpose of these proceedings.only, Edging- ton will accommodate plaintiffs by answering this interrogatory to the extent the information is readily available. A. None. x B. None. } -C. Year : Amount (Tons) 1964 69 1965 | 1,436 1966 134 D. None. : “INTERROGATORY NO. 16 With reference to sales made within the State of California, set forth for the years 1958 to the present, the total amount of liquid asphalt sold in each county of the State of California.” ANSWER TO INTERROGATORY NO. 16 Edgington objects to this interrogatory on the ground that the information sought by the plaintiffs goes beyond the 1960 through 1969 time period for discovery imposed by this Court. In an attempt to expedite and facilitate discovery in these pro- ceedings, and for the purpose of these proceedings only, Edging- ton will accomodate plaintiffs by answering this interrogatory to the extent the information is readily available. / ma Appendix -\ Edgington advises plaintiffs that the answer to this interroga- tory can be obtained by plaintiffs from a review of Edgington’s sales invoices, located at the offices of Edgington and available for inspection by plaintiffs. “INTERROGATORY NO. 17 With reference to the sale of liquid asphalt, identify for each year from 1958 to date, each company to whom you have sold liquid asphalt, setting forth by way of summary for each year the total amount of liquid asphalt sold to’ said individual com- pany. (Listing, for example, the total amount of liquid asphalt sold by Gulf to Sully-Miller for the year 1965).” ANSWER TO INTERROGATORY NO. 17 -Edgirigton objects to this interrogatory on the ground that the information sought by the plaintiffs goes beyond the 1960 through 1969 time period for discovery imposed by this Court. In an attempt to expedite and facilitate discovery in these pro- ceedings, and for the purpose of these proceedings only, Edging- ton will accommodate plaintiffs by answering this interrogatory to the extent the information is readily available. Edgington advises plaintiffs that it keeps no annual fecords summarizing sales to customers. Inasmuch as Edgington does have monthly reports which reflect this information, the answer to this interrogatory can be obtained from a review of Edging- ton’s Asphalt Tonnage Reports, located at the offices of Edging- ton and available for inspection by plaintiffs. Daten: This 10th day of February, 1972 ‘ ’ GROSSMAN, SMALTZ, GRAVEN & PERRY By /s/ Donan C. SMALTz Donald C. Smaltz Attorneys for Defendant Edgington Oil Company Appendix 143 VERIFICATION—446 and 2015.5 C.C.P. State of California County of Los Angeles —ss. The undersigned (being first duly sworn) says: I am the President of Edgington Oil Company, a corporation organized and existing under the laws of California, which is a defendant in the above-entitled action, and I haye been authorized to make this verification on its behalf. I have read the foregoing Answers of Defendant Edgington Oil Company to Interroga- tories, etc., and I know the contents thereof; and that the same is true of my own knowledge, except as to matters which are therein stated upon my information or belief, and as to those * matters I believe to be true. /S/ RALPH EDGINGTON {Jurat and Certificate of Service omitted in printing} 144 Appendix United States Lustrict Court for the Northern District of California ' [Title of case omitted in printing] [Filed April 7, 1972] MOTION OF DEFENDANTS GULF OIL CORPORATION, UNION OIL’ COMPANY OF CALIFORNIA, INDUSTRIAL _ ASPHALT, INC., AND EDGINGTON OIL COMPANY FOR PRETRIAL ORDER LIMITING THE ISSUES and MOTION OF DEFENDANT SULLY-MILLER CONTRAC- TING COMPANY FOR SUMMARY JUDGMENT TO PLAINTIFFS AND TO THEIR ATTORNEYS, MESSRS. .CORINBLIT AND SHAPERO: Please Take Notice, hereby given, that on Tuesday, May 23, 1972, at 10:00 a.m., or as soon thereafter as counsel can be ‘heard, in the courtroom of the Honorable Russell E. Smith, United States District Court, Missoula, Montana, or at such other time and place as the Court may hereafter designate, defen- dants Gulf Oil Corporation, Union Oil Company of California, Industrial Asphalt, Inc., and Edgington Oil Company will move the Court to enter a pretrial order, in the form attached hereto, limiting the issues for purposes of all further proceedings herein to the questions (a) whether said defendants, or any of them, contracted, combined, or’ conspired to restrain or monopolize interstate trade and commerce in the business of selling liquid asphalt, in violation of Section 1 or 2 of the Sherman Act, 15 U.S.C. §§ 1, 2, and (b) if so, whether plaintiffs, or any of them, were injured in their businesses or properties by reason of any such violation; and Please Take Further Notice, hereby given, that at the same time and place, defendant Sully-Miller Contracting Company Appendix 145 will move the Court to enter an order of summary judgment, ‘in the form attached hereto, in favor of said defendant on all claims herein asserted against it by plaintiffs. These motions will be made pursuant to R.C.P. Rules 16 and 56, will be based on all the files of this and the other coordinated cases, and will be made on the ground that the record now shows that, with the possible exception of those Sherman Act claims just mentioned, this Court lacks jurisdiction over the subject matter of this action, all as more particularly appears in the memorandum in support of motions, served and filed herewith. Datep: April 7, 1972. Donald C. Smaltz Ralph B. Perry III Grossman, Smaltz, Graven & Perry Suite 2420 One Wilshire Bldg. Los Angeles 90017 Telephone: 680-9770. Attorneys for Defendant Edgington Oil Company Richard W. Curtis Fred Laymon Gulf Oil Corporation 1801 Avenue of the Stars Los Angeles 90067 Telephone: 879-9560. Attorneys for Defendants Gulf Oil Corporation and Industrial Asphalt, Inc. Douglas C. Gregg E. A. McFadden Union Oil Company of California P.O. Box 7600 Los Angeles 90054 ‘Telephone: 482-7600. Moses Lasky Richard Haas George A. Cumming, Jr. Brobeck, Phleger & Harrison 111 Sutter Street San Francisco 94104 Telephone: 434-0900. Attorneys for Defendants Union Oil Company of California and Sully-Miller Contracting Company By /s/ GEORGE A. CUMMING, JR. George A. Cumming, Jr. On behalf of all defendants [Proposed forms of order and judgment follow} 146 Appendix United States District Court for the Northern District of California [ Title of case omitted in printing] {Lodged April 7, 1972} - {PROPOSED} PRETRIAL ORDER LIMITING THE ISSUES Defendants Gulf Oil Corporation, Union Oil Company of California, Industrial Asphalt, Inc., and Edgington Oil Company having moved the Court for a pretrial order pursuant to R.C.P. Rule 16 (1), limiting the issues herein on the grounds that the Court lacks jurisdiction over the subject matter of various of the claims herein asserted by plaintiffs, and the motion having duly and regularly come on for hearing, all parties being represented at the hearing by their respective counsel, and the Court having considered the memoranda and arguments of counsel, and good cause appearing It is Hereby Ordered as follows: 1. All discovery and further proceedings herein shall be limited to the following issues: (a) Whether said defendants, or any of them, violated Sections 1 or 2 of the Sherman Act, and, if so, (b) Whether and to what extent, if any, plaintiffs or any of them were injured in their businesses or properties by reason of said violations, if any. 2. No discovery or further proceedings shall be had herein with respect to any of the remaining claims herein asserted, viz.: (a) Any claims that defendants, or any of them, violated the Robinson-Patman Act, 15 U.S.C. § 13(a), in connection with the marketing of liquid asphalt or in connection with the marketing of asphaltic concrete; Appendix 147 (b) Any claims that defendants, or any of them, violated Section 3 of the Clayton Act, 15 U.S.C. § 14, in connection with the marketing of asphaltic concrete; (c) The claim that defendant Gulf Oil Corporation vio- lated Section 7 of the Clayton Act, 15°U.S.C. § 18, by acquiring all the capital stock of defendant Industrial Asphalt, Inc.; : (d) The claim that defendant Union Oil Company of California violated Section 7 of the Clayton Act by acquiring all the capital stock of defendant Sully-Miller Contracting Company; (e) Any claims that defendants, or any of them, violated Sections 1 or 2 of the Sherman Act, 15 U.S.C. $1, 2, in connection with the marketing of asphaltic concrete; or (f) Any claims that defendants, or any of them, violated Section 16,720 of the California Business and Professions Code. 3. This order shall govern ail further proceedings in this case until and unless modified or set aside by subsequent order of the Court, granted on motion of any party and for good cause shown. Dated: ....... pce gigas 1972. United States District Judge 148 Appendix United States District Court for the Northern District of California [ Title of case omitted in printing} | [Lodged April 7, 1972] [PROPOSED] JUDGMENT OF DISMISSAL Defendant Sully-Miller Contracting Company having moved the Court, pursuant to R.C.P. Rule 56, for summary judgment in its favor on the ground that the Court lacks jurisdictioin over the subject matter of all claims herein asserted by plaintiffs and each of them against said defendant, and the motion having duly and regularly come on for hearing, the parties being represented by their respective counsel, and the Court having considered the memoranda and arguments of counsel, and having. found that there is no genuine issue of material fact and that said defendant is entitled to judgment as a matter of law, It Is Hereby Ordered that the motion of defendant Sully-Miller Contracting Company for summary judgment shall be and it is hereby granted, and that plaintiffs shall take nothing against said defendant, defendant to have and recover its costs taxed in the SU iii sensors U lead States District Judge [Certificate of Service omitted in printing] LEER ALLE ELLIO Peete SW AAO TURES Appendix 149 United States District Court for the Northern District of California [ Title of case omitted in printing} [Filed May 8, 1972} —_ AFFIDAVIT OF ERNEST A. COPP IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT : County of Los Angeles : State of California—ss. - Now comes the affiant, Ernest A. Copp, who being first duly sworn, deposes and states as follows: r 1. He is now and was at all times herein one of the plaintiffs f in the above entitled cause. 4 2. He is now and was at all times herein one of the owners ‘ of Copp Paving Company, Inc. and Copp Equipment Company, : Inc. i 3. Affiant has been active in the asphalt paving business con- 2 tinuously since 1954. In the course of operating his asphalt paving : business, his two companies, combined, purchase the approximate ® sum of $90,000.00 per year of liquid asphalt materials. 4. Affiant is familiar with the competitive conditions of the 4 paving business, and based upon his knowledge of the industry, alleges that ‘there are two companies, to wit, Sully-Miller Con- tracting Company and Industrial Asphalt, Inc., that control 75% of the total paving business in Southern Caljfornia. 5. Affiant is informed and believes, and based-upon said in- ° formation and belief alleges that Industrial Asphalt, Inc. is a totally owned subsidiary of Gulf Oil Corporation, and that Sully- E Miller Contracting Company is a totally owned subsidiary of i. Union Oil Company of California. 6. Defendant Industrial Asphalt, Inc. (hereinafter “Indus- trial”), pursuant to interrogatories propounded to said defendant, has answered said interrogatories under the date of February 18, 1972. In its response to said interrogatories, Industrial lists its 150 Appendix total liquid asphalt purchases for the years 1964, 1965, 1966, 1967, 1968, 1969, and 1970, providing the total tonnage purchased from each refining company and the dollar amount paid for the total tonnage purchased. (See Exhibit B to Industrial’s response to plaintiffs’ interrogatories. ) 7. Afhant has performed the following mathematical calcu- lations based upon said Exhibit B. First, he has divided the total dollar price paid to each refiner by the number of tons purchased from each refiner, thereby obtaining the price per ton paid. He has then entered on a copy of defendant's Exhibit B the average price per ton paid to each purchaser for each year in question. (See Exhibit “A” hereto, attached hereto, and made a part hereof by reference.) The average price paid to producers other than Gulf Oil Corporation was obtained by adding the tonnage pur- chased from all producers other than Gulf Oil Corporation to obtain a single figure, adding the total dollars paid to such other producers to obtain a single figure; and the total dollars paid to all producers other than Gulf Oil Corporation was then divided by the total tonnage purchased from all producers other than Gulf Oil Corporation. The above computations reflect the following facts: Average Price Average Price “Price Year Gulf Oil Corp. Other Producers Difference 1964 $13.97 $17.02 $3.05 5 eee Cea 12.79 15.66 2.87 Ge ce 11.83- 16.48 4.65 sae e 11.54 17.69 6.15 GS Soasicee 11.56 17.00 5.44 WN sini 11.98 14.95 2.95 | Morena 14.10 15.34 1.24 Based upon the above analysis, it would appear that defendant Industrial is purchasing liquid asphalt from Gulf Oil Corporation at a figure consistently lower than the prices paid all other pro- ducers, and defendant Industrial therefore has a built-in competi- pease min neo ei Appendix 151 tive advantage over the plaintiffs Copp, or any other independent contractor as the result of said advantage. 8. Affiant was present when the depositions of the representa- tives of Sully-Miller Contracting Company (hereinafter “Sully- Miller’) were taken and said representatives refused on advice of their attorneys to respond to any questions concerning prices. Sully-Miller has likewise refused to supply pricing information of the type supplied by Industrial for analysis by affiant. Because of said refusal of Sully-Miller and its representatives, affiant is unable to provide information to the Court with reference to the . competitive advantage which Sully-Miller enjoys in the same manner as Industrial. Afhant ‘can state, of his own knowledge due to his long expe- rience in the paving business, that he has bid on jobs many times and has failed to receive the right to construct and perform on such jobs, having been underbid by either Industrial or Sully- Miller, and that both Sully-Miller and Industrial have either lost money on those jobs, or have had the benefit of liquid asphalt prices substantially lower than those available to affiant and his companies, said prices being reflected in Industrial’s own figures furnished in its Exhibit B (Exhibit “A” hereto). Afhant can make this statement because: (1) his gravel costs are the same as the costs of his competitors; (2) his labor costs are the same as the labor costs of his competitors (in fact, em- ployees in the pavement industry shift from one company to another, depending upon the needs of the company at the time) ; (3) his companies’ plant uses the same equipment as that used by his competitors (defendants Industrial-and Sully-Miller) ; and (4) the only variable is his cost of liquid asphalt. /s/ ERNesT A. Copp Ernest A. Copp [Jurat omitted in printing} {Exhibit A to affidavit follows} E 4 B ? ; ? E Hl 3 t E NI bs PAINE OKA ee ee v- 152 Producer Atlantic-Richfield Co. Douglas Oil Co. Edgington Oil Refining Edgington-Oxnard Rehnery Golden Bear Oil Co. Newhall Refining Co. Seaside Oil Co. Shell Oil Co. - Union Oil Co. United Asphalt Co. Gulf Oil Co. Arizona Refining Co. Atlantic-Richfield Co. Douglas Oil Co. Edgington Oil Refining Edgington-Oxnard Refinery Golden Bear Oil Co. Newhall Refining Co. Shell Oil Co. Union Oil Co. United Asphalt Co. .......- Gulf Oil Co. Arizona Refining Co. -. Atlantic-Richfield Co. 1965 Douglas Oil Co. Edgington Oil Co. .........- Edgington-Oxnard Refinery . Golden Bear Oil Co. Newhall Refining Co. Seaside Oil Co. Shell Oil Co. Suhuaro Petroleum Co. Union Oil Co. Gulf Oil Co. Appendix Exhibit “A” Tons 286.70 80,667.90 11,394.65 57,963.05 8,313.83 3,873.35 10,571.16 2,073.76 9,390.30 14,672.87 22,743.92 13,289.00 3,103.85 44,237.70 877.12 49,654.43 17,469.35 15,892.85 6,475.98 17,090.57 9,702.99 6,922.64 160,201.80 6,474.32 15,223.81 1,675.01 56,118.83 14,196.77 22,106.65 2,458.99 469.81 19,342.21 453.91 330.98 225,322.30 PURCHASES FROM OTHER REFINERS OR PRODUCERS OF ASPHALT (Tons and Dollars) 1964 $ 8,051.00 1,265,813.13 247,626.58 948,001.89 124,709.46 56,282.75 121,260.71 34,433.13 245,509.60 337,977.45 389,713.59 185,689.00 84,582.69 649,742.75 14,247.95 727,005.49 264,997.43 262,182.82 98,475.42 379,722.81 202,564.91 11,459.22 2,050,376.00 181,987.43 225,190.55 36,253.47 742,900.56 211,310.76 426,256.57 36,012.11 6,342.45 403,282.69 12,732.98 6,893.51 2,666,811.00 Dollars $28.15 15.69 21.73 16.35 15.00 14.53 11.71 16.61 26.14 23.04 17.31 13.97 $27.25 14.68 16.24 14.64 15.16 16.49 15.20 22.21 20.87 1.64 11.79 $28.11 14.79 21.64 13.23 14.88 19.28 14.68 13.50 20.85 26.31 20.83 11.83 Producer Appendix 1967 Tons 5,755.34 Arizona Refining Co. Atlantic-Richfield Co. 9,284.56 Chevron Asphalt Co. 54.93 253.67 Douglas Oil Co. Edgington Oil Co. Edgington-Oxnard Refinery Golden Bear Oil Co. 37,689.35 12,844.61 12,948.12 794.55 Newhall Refining Co. Shell Oil Co. 19,582.24 Suhuaro Petroleum Co. 2,684.38 Gulf Oil Co. 205,723.90 Arizona Refining Co. 1968 6,443.50 Atlantic-Richfield Co. 2,103.12 Douglas Oil Co. 2,311.79 Edgington Oil Co. 61,385.10 Edgington-Oxnard Refinery Golden Bear Oil Co. 18,217.42 16,432.47 Newhall Refining Co. 9,889.57 Shell Oil Co. 20,618.95 Suhuaro Petroleum Co. 6,168.69 Gulf Oil Co. 251,452.90 1969 5,393.52 Arizona Refining Co. Atlantic-Richfield Co. 1,367.83 Chevron Asphalt Co. 320.14 Douglas Oil Co. 2,037.53 Edgington Oil Co. Edgington-Oxnard Refinery Golden Bear Oil Co. 47,127.30 20,218.65 18,912.10 12,472.42 Newhall Refining Co. Powerine Oil Co. 3,007.68 Shell Oil Co. 34,174.48 Suhuaro Petroleum Co. scat 26,568.24 San Joaquin Refining Union Oil Co. 526.27 344.58 Gulf Oil Co. 257,642.00 Arizona Refining Co. 1970 _ 7,986.81 Atlantic-Richfield Co. 13.62 Douglas Oil Co. Edgington Oil Co. 7,122.86 28,586.92 Edgington-Oxnard Refinery Golden Bear Oil Co. 16,111.64 12,342.97 Newhall Refining Co. 7,014.40 Powerine Oil Co. 75,207.77 Shell Oil Co. 25,974.21 Sahuaro Petroleum Co. San Joaquin Refining 7,202.96 5,482.63 Gulf Oil Co. 187,247.69 $ 156,699.08 126,740.99 741.56 1,473.99 524,841.64 190,760.85 279,042.31 11,208.21 470,538.26 70,696.19 2,374,381.00 164,804.47 29,545.58 29,360.45 860,338.91 257,028.85 320,001.75 137,014.99 475,643.00 167,069.80 2,908,278.00 125,450.00 17,752.22 4,321.93 30,624.09 688,362.08 286,705.40 362,580.80 168,393.21 265,413.16 788,390.79 124,950.72 8,842.32 7,089.24 3,085,725.00 236,676.02 185.87 161,503.21 447,949.36 262,555.62 229,264.60 102,131.77 772,209.97 453,557.70 209,038.11 88,056.94 2,641,364.00 [Certificate of Service omitted in printing} 153 Dollars $27.22 13.65 13.72 5.82 13.92 14.85 21.55 14.11 24.02 26.33 11.54 $25.57 14.04 12.70 14.01 14.10 19.47 13.85 23.06 27.08 11.56 $23.26 12.98 13.50 15.03 14.60 14.18 19.17 13.50 § 88.26 23.06 4.03 16.80 20.60 11.98 $29.63 14.23 22.67 15.67 16.29 18.57 14.56 10.02 17.46 29.02 16.06 14.10 154 Appendix The order of the United States District Court for the Northern District of. California, filed May 31, 1972, in In re Coordinated Pretrial Proceedings in Western Liquid Asphalt Cases, Copp Paving Company, Inc., et al., Plaintiffs, v. Gulf Oil Company, et al., Defendants, No. C-71-608 therein, is printed as Appendix A to the Petition for Writ of Certiorari in this cause, and is incor- porated herein by reference. Appendix 155 No. 72-2152 : In the United States Court of Appeals _ for the Ninth Circuit (Filed September 26, 1972) In Re Coordinated Pre-Trial Proceedings In Western Liquid Asphalt Cases : Copp Paving Company, Inc.: Copp Equipment Company, Inc.; and - Ernest A. Copp, Appellants, vs. Gulf Oil Company: Union Oil Company of California: Industrial Asphalt, Inc.; Suily-Miller Contracting Company; and Edgington Oil Company, Respondents. is APPELLANTS OPENING BRIEF CORINBLIT AND SHAPERO By: MARTIN M. SHAPERO Beneficial Plaza Building Suite 575 3700 Wilshire Boulevard Los Angeles, Ca. 90005 (213) 380-4200 ° Attorneys for Appellants {Text of Opening Brief not designated} [Appendix A and Appendix B to Opening Brief follow] 156 | . Appendix - [App. A to Appellants’ Opening Brief} } MINERAL INDUSTRY SURVEYS 24 US. Dept. of the Interior, Bureau of Mines pee: " [Masthead] ; SHIPMENTS OF ASPHALT IN 1967 Petroleum Asphalt: Domestic shipments of asphalt nid asphaltic products in 1967 amounted to 25,802,667 short tons, 2.4 percent less than the 26,437,603 short tons shipped in 1966. A marginal decline from the 1966 level was reflected in road oil shipments of 1,033,437 — short tons in 1967, according to the Bureau of Mines, United States Department of the Interior. ‘In 1967, asphalt for paving declined 4.0 percent bith the pre- vious year, due mainly to the decrease in road construction. In 1967, asphalt for paying accounted for 73.1 percent of total domestic shipments followed by roofing and miscellaneous use with 15.4 and 11.5 percent, respectively. Shipments of asphaltic cements and fluxes amounted to 19,503,- 551. short tons or 75.6 percent of the asphalt shipments in 1967. Emulsified and cutback asphalts accounted for the remaining 24.4 percent. Native Asphalt: Gilsonite, bituminous limestone and sandstone shipments in 1967 totaled 1,866,666 short tons valued at $8,136,000. Petroleum asphalt imported in 1967, including natural, totaled 1,172,000 short tons, 5.6 percent more than the 1,110,000 short tons imported in 1966. Exports in 1967 were 77,000 short tons, 11.5 percent less than the calendar year of 1966. Prepared by James M. 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Dept. of the Interior, Bureau of Mines { Masthead] SHIPMENTS OF ASPHALT IN 1968 Petroleum Asphalt: Domestic shipments of asphalt and asphaltic products in 1968 amounted to 28,379,354 short tons, 10.0 percent above the 25,- 802,667 short tons shipped in 1967. Shipments of road oil in 1968 totaled 1,153,677 short tons, an 11.6 percent increase over the total shipments in 1967, according to the Bureau of Mines, United States Department of the Interior. In 1968, asphalt for paving increased 9.7 percent over the previous year. Asphalt for paving accounted for 72.9 percent of total domestic shipments followed by roofing and miscellaneous use with 16.8 and 10.3 percent, respectively. Shipments of asphaltic cements and fluxes amounted to 21,855,- 319 short tons or 77.0 percent of the asphalt shipments in 1968. Emulsified and cutback asphalts accounted for the remaining 23.0 percent. * Native Asphalt: = Gilsonite, and bituminous limestone and sandstone shipments in 1968 totaled 1,786,840 short tons valued at $8,127,000. Petroleum asphalt, including natural, imported in 1968 totaled 1,134,000 short tons, 3.2 percent less than the 1,172,000 short tons imported in 1967. Exports in 1968 were 86,000 short tons, 3.6 percent greater than the final 1967 export total of 83,000 short tons. Prepared June 17, 1969 in Mineral Resource Evaluation. 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