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BARRY WRIGHT CORP. v. ITT GRINNELL CORP.

No. 83-1292.

724 F.2d 227 (1983)

BARRY WRIGHT CORPORATION, Plaintiff, Appellant, v. ITT GRINNELL CORPORATION, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 29, 1983.

Attorney(s) appearing for the Case

Donald B. Gould, Boston, Mass., with whom Kenneth A. Cohen, Jonathan P. Feltner, Andrew S. Hogeland, and Goodwin, Procter & Hoar, Boston, Mass., were on brief, for appellant.

Joseph J. O'Malley, Los Angeles, with whom Norman A. dupont, Paul, Hastings, Janofsky & Walker, Los Angeles, John A. Nadas, and Choate, Hall & Stewart, Boston, Mass., were on brief, for appellee Pacific Scientific Co.

Before CAMPBELL, Chief Judge, SKELTON, Senior Circuit Judge, and BREYER, Circuit Judge.

BREYER, Circuit Judge.

The question that this case presents is whether defendant Pacific Scientific Company ("Pacific") engaged in "exclusionary practices" in violation of the anti-monopoly law, Sherman Act § 2, 15 U.S.C. § 2. The practices at issue are embodied in agreements between Pacific and ITT Grinnell ("Grinnell"), under which Pacific agreed to sell its product (mechanical snubbers) to Grinnell at a specially low price and Grinnell agreed to take...

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