DOUGLAS OIL CO. OF CALIFORNIA V. PETROL STOPS NORTHWEST 441 U.S. 211 (1979) CASE BRIEF

DOUGLAS OIL CO. OF CALIFORNIA V. PETROL STOPS NORTHWEST

441 U.S. 211 (1979)

NATURE OF THE CASE: This was a case involving the production of grand jury transcripts.

FACTS: This case involved a suit for damages under antitrust against 12 large oil companies that allegedly conspired to restrain trade in gasoline. Another company also sued under the same issue but was involved in a separate trial. As part of P's trial Ds were asked to produce any documents they had concerning communications between their companies concerning the wholesale price of gasoline to be sold to unaffiliated retailers. Ds denied the existence of any such documents. The Antitrust Division of the Department of Justice had been investigating the pricing behavior of several of the major oil companies including P's. Employees of those companies were called before the Grand Jury and eventually an indictment was issued. Each of the companies involved plead nolo contendre to the charges and got copies of the Grand Jury transcripts. P served a discovery request on Ds for these transcripts. D objected. P then filed a petition before the Central District of California asking for the transcripts. The Government appeared and stated there was no governmental objection to P getting the transcripts. D also appeared and participated in that proceeding. Eventually the transcripts were released to P only to counsel for P and only for the purpose of impeaching or refreshing the recollection of a witness. D appealed this decision.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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