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FORTNER ENTERPRISES, INC. v. UNITED STATES STEEL CORP.

No. 71-1194.

452 F.2d 1095 (1971)

FORTNER ENTERPRISES, INC., Plaintiff-Appellee, v. UNITED STATES STEEL CORPORATION and United States Steel Homes Credit Corporation, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

December 16, 1971.

Attorney(s) appearing for the Case

Macdonald Flinn, New York City, for defendants-appellants; Middleton, Seelbach, Wolford, Willis & Cochran, Louisville, Ky., White & Case, New York City, on brief; Albert F. Reutlinger, Louisville, Ky., Macdonald Flinn, Thomas B. Leary, New York City, of counsel.

Kenneth L. Anderson, Louisville, Ky., for plaintiff-appellee; Kenneth L. Anderson, Woodward, Hobson & Fulton, A. Scott Hamilton, Jr., Hamilton, Hopson, Long & Rogers, Louisville, Ky., on brief.

Before MILLER and KENT, Circuit Judges, and CECIL, Senior Circuit Judge.

WILLIAM E. MILLER, Circuit Judge.

This is the second appeal in this private antitrust action.1 At the first trial the district court granted summary judgment for the defendants, holding that petitioner had failed to raise any question of fact as to a possible violation of the antitrust laws. Fortner Enterprises, Inc. v. United States Steel Corp. et al., 293 F.Supp. 762

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