UNITED STATES v. RMI CO.

No. 80-2757.

661 F.2d 279 (1981)

UNITED STATES of America, Appellant, v. RMI COMPANY; Crucible, Inc.; Lawrence Aviation Industries, Inc.; Martin Marietta Aluminum, Inc.; and Titanium Metals Corporation of America, Appellees.

United States Court of Appeals, Third Circuit.

Decided October 13, 1981.


Attorney(s) appearing for the Case

Richard J. Favretto, Deputy Asst. Atty. Gen., John J. Powers, III, James H. Laskey (argued), Attys. Dept. of Justice, Washington, D. C., for appellant.

Jack Lipson (argued), Thomas J. McGrew, Arnold & Porter, Washington, D. C., James K. O'Malley, Livingston, Miller, O'Malley & Clark, Pittsburgh, Pa., for appellees; James D. Simpson, Vice President and Gen. Counsel, Martin Marietta Corp., Bethesda, Md., of counsel.

Before SEITZ, Chief Judge, and VAN DUSEN and HIGGINBOTHAM, Circuit Judges.


OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This alleged price fixing case, involving five titanium metal products, comes to us on appeal from an interlocutory order of the district court granting partial summary judgment in favor of Martin Marietta Aluminum, Inc., as to three of the products and three years of the alleged conspiracy. The Government asserts that we have appellate jurisdiction under 28 U.S.C. § 1292(a)(1) because the...

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