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RUTMAN WINE CO. v. E. & J. GALLO WINERY

No. 86-1983.

829 F.2d 729 (1987)

RUTMAN WINE COMPANY, Plaintiff-Appellant, v. E. & J. GALLO WINERY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 30, 1987.

Attorney(s) appearing for the Case

Bernard S. Goldfarb, Cleveland, Ohio, for plaintiff-appellant.

G. Kip Edwards (argued), Matthew D. Powers, Orrick, Herrington & Sutcliffe, San Francisco, Cal., for defendant-appellee.

Before NOONAN and O'SCANNLAIN, Circuit Judges, and STOTLER, District Judge.

STOTLER, District Judge:

Rutman Wine Company ("Rutman") appeals from the district court's dismissal with prejudice of Counts 1-4 of its Second Amended Complaint. These counts charge appellee E. & J. Gallo Winery ("Gallo") and nonparty Wine Distributors, Inc. ("WDI") with nonprice-related violations of sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1, 2 (1986), sections 2(d) and 2(e) of the Robinson-Patman Act, 15 U.S.C. §§ 13(d), (e) (1986...

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