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DAY v. TAYLOR

Nos. 04-10031, 04-10671.

400 F.3d 1272 (2005)

D.L. DAY, et al., Plaintiffs, Nick Ceh, Plaintiff-Appellant, v. John T. TAYLOR, E. Joseph Shoen, U-Haul International, Inc., Republic Western Insurance Company, U-Haul Company of Pennsylvania, Inc., Defendants-Appellees. D.L. Day, P.C. Boyle, Plaintiffs-Appellants, J.D. Swope, et al., Plaintiffs, v. John T. Taylor, E. Joseph Shoen, U-Haul International, Inc., Republic Western Insurance Company, U-Haul Company of Pennsylvania, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 22, 2005.

Attorney(s) appearing for the Case

Scott L. Adkins, Jack Reise, Cauley, Geller, Bowman & Rudman, LLP, Boca Raton, FL, Anthony J. Bolognese, Bolognese & Associates, LLC, Philadelphia, PA, Richard D. Greenfield, Greenfiled & Goodman, LLC, Easton, MD, for Plaintiffs.

Steven L. Schwarzberg, Schwarzberg & Associates, West Palm Beach, FL, Lawrence G. Scarborough, J. Alex Grimsley, Bryan Cave, LLP, Phoenix, AZ, for Defendants.

Before BIRCH, KRAVITCH and CUDAHY, Circuit Judges.

KRAVITCH, Circuit Judge:

In this appeal we must decide whether the appellants, individuals who rented U-Haul equipment for in-town moving, properly stated a claim for resale price maintenance against defendants, U-Haul International, Inc. ("U-Haul") and certain subsidiaries and officers of U-Haul, under Section 1 of the Sherman Act.

I. Facts

The two appeals before us arise from three cases originally...

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