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HIRSH v. MARTINDALE-HUBBELL, INC.

No. 81-5070.

674 F.2d 1343 (1982)

Robert J. HIRSH, Appellant, v. MARTINDALE-HUBBELL, INC., Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 23, 1982.

Rehearing and Rehearing Denied June 15, 1982.

Attorney(s) appearing for the Case

Erik O'Dowd, O'Dowd & Burke, Tucson, Ariz., for appellant.

Philip von Ammon, Feenemore, Craig, von Ammon & Udall, Phoenix, Ariz., for appellee.

Before ELY, HUG and ALARCON, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 15, 1982.

ELY, Circuit Judge:

Robert J. Hirsh, a practicing attorney, brought this antitrust action1 challenging certain sales practices of Martindale-Hubbell [hereinafter "Martindale"] as violative of § 1 of the Sherman Act (15 U.S.C. § 1) and § 3 of the Clayton Act (15 U.S.C. § 14).2 Upon the submission of cross motions

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