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BAILEY v. ALLGAS, INC.

No. 01-10559.

284 F.3d 1237 (2002)

P. David BAILEY, Doris Bailey, Plaintiffs-Counter-Defendants-Appellants, v. ALLGAS, INC., Defendant-Counter-Claimant-Appellee, William Ervin, Lampton-Love, Inc., Liquified Petroleum Gas Management, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 8, 2002.

Attorney(s) appearing for the Case

L. Vastine Stabler, Jr., Birmingham, AL, Romaine S. Scott, III, Garrison, Scott, Gamble & Rosenthal, Birmingham, AL, for P. David and Doris Bailey.

Carl S. Burkhalter, Birmingham, AL, for Allgas, Inc.

Before BLACK, HILL and STAPLETON, Circuit Judges.

BLACK, Circuit Judge:

This antitrust action arises from a price war that erupted between liquid propane gas competitors in northern Alabama. Following the demise of their business, Appellants P. David and Doris Bailey brought suit against competitor Allgas, Inc., alleging the company engaged in discriminatory below-cost pricing in violation of the Robinson-Patman Act and Alabama state law. In support, Appellants offered the expert testimony of an economist. The district...

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