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JEWISH HOSPITAL ASS'N v. STEWART MECHANICAL, ETC.

No. 78-3373-74.

628 F.2d 971 (1980)

JEWISH HOSPITAL ASSOCIATION OF LOUISVILLE, KENTUCKY, INC., Plaintiff-appellant, Cross-appellee, v. STEWART MECHANICAL ENTERPRISES, INC., and James E. Smith & Sons, Inc., Defendants-appellees, Cross-appellants.

United States Court of Appeals, Sixth Circuit.

Decided August 29, 1980.

Rehearing Denied September 29, 1980.

Attorney(s) appearing for the Case

Irwin G. Waterman, Morris, Garlove, Waterman & Johnson, Alan N. Linker, Louisville, Ky., for plaintiff-appellant, cross-appellee.

Donald H. Balleisen, Greenebaum, Doll & McDonald, John S. Reed, II, Louisville, Ky., for James E. Smith.

Frank E. Haddad, Jr., Louisville, Ky., for Stewart Mec.

Before KENNEDY and JONES, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Harry PHILLIPS, Senior Circuit Judge.

Plaintiff Jewish Hospital Association of Louisville, Kentucky, Inc. (the Hospital) filed this treble damage antitrust action under §§ 4 and 12 of the Clayton Act, 15 U.S.C. §§ 15 and 22, alleging the defendants, Stewart Mechanical Enterprises, Inc. (Stewart) and James E. Smith & Sons, Inc. (Smith), conspired to fix the price of mechanical (plumbing, heating, air-conditioning and sheet metal) work on the...

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