BLACK GOLD, LTD. v. ROCKWOOL INDUSTRIES, INC.

Nos. 80-2098, 80-2143.

666 F.2d 1308 (1981)

BLACK GOLD, LTD., a Colorado corporation, Plaintiff-Appellee and Cross-Appellant, v. ROCKWOOL INDUSTRIES, INC., a Delaware corporation, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided December 9, 1981.


Attorney(s) appearing for the Case

Kenneth R. Bennington of Brownstein Hyatt Farber & Madden, Denver, Colo. (John W. Madden III, of Brownstein Hyatt Farber & Madden, Denver, Colo., and Thomas D. Smart, Jr. of Smart, DeFurio & Brooks, Denver, Colo., with him on the brief), for Black Gold, Ltd.

John G. Wigmore of Lawler, Felix & Hall, Los Angeles, Cal. (Richard C. Neal of Lawler, Felix & Hall, Los Angeles, Cal., and Jeffrey L. Smith and John P. Congdon of Cohen, Brame, Smith & Krendl, Denver, Colo., with him on the brief), for Rockwool Industries, Inc.

Before DOYLE, McKAY, and SEYMOUR, Circuit Judges.


PER CURIAM.

This is an action asserting federal and state antitrust violations in connection with sales of thermal insulation materials for residential and commercial buildings. Plaintiff Black Gold, Ltd. filed an amended complaint on October 19, 1979. The complaint sought, pursuant to sections 4 and 16 of the Clayton Act, 15 U.S.C. §§ 15, 26, injunctive relief, treble damages, costs of the action, and reasonable attorneys fees.

The district court...

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