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CLEARY v. NATIONAL DISTILLERS AND CHEMICAL CORP.

No. 72-2460.

505 F.2d 695 (1974)

Peter L. CLEARY, Appellant, v. NATIONAL DISTILLERS AND CHEMICAL CORPORATION, a Virginia corporation, and McMinnville Sunshine Dairy Inc., an Oregon corporation, Appellees.

United States Court of Appeals, Ninth Circuit.

October 29, 1974.

Attorney(s) appearing for the Case

George M. Joseph (argued), of Bemis, Breathouwer & Joseph, Portland, Or., for appellant.

Cleveland C. Cory (argued), of Davies, Biggs, Strayer, Stoel & Boley, Portland, Or., for appellee National Distillers.

Harry W. Devlin (argued), McMinnville, Or., for appellee McMinnville Sunshine Dairy.

Before KILKENNY and SNEED, Circuit Judges, and JAMESON, District Judge.

OPINION

PER CURIAM:

Cleary appeals from a directed verdict in favor of appellees in a treble damage suit under the Sherman Act, 15 U.S.C. § 1 et seq. Appellant alleges that appellees, National Distillers and Chemical Corporation (National) and McMinnville Sunshine Dairy, Inc. (Sunshine), combined to restrain trade by preventing him from purchasing from National, a hydrocarbon detection device known in the dairy business as a "snifter."

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