WALL PRODUCTS CO. v. NATIONAL GYPSUM CO.
326 F.Supp. 295 (1971)
WALL PRODUCTS CO. et al., Plaintiffs,
NATIONAL GYPSUM CO. et al., Defendants.
Civ. Nos. 46414, 46455, 46487, 46640, 47195-47197, 47323, 48214, 48235, 48549, 48550, 48778-48784, 48787-48789, 48797 and 48798.
United States District Court, N. D. California.
March 18, 1971.
Frederick P. Furth, John H. Boone, San Francisco, Cal., Robert H. Weir, San Jose, Cal., for plaintiffs.
Thelen, Marrin, Johnson & Bridges, Gordon Johnson, Frank D. MacDowell, Michael B. Anderson, San Francisco, Cal., for defendant Kaiser Gypsum Co., Inc.
Dinkelspiel, Steefel, Levitt, Weiss & Donovan, Richard C. Dinkelspiel, Lenard G. Weiss, Anthony T. Miller, San Francisco, Cal., for defendant National Gypsum Co.
McCutchen, Doyle, Brown & Enersen, Morris M. Doyle, Frederic A. Sawyer, Larry B. Dent, San Francisco, Cal., for defendant United States Gypsum Co.
ZIRPOLI, District Judge.
On October 27, 1969, pursuant to pretrial orders previously entered by this Court, trial began in the 24 above numbered civil actions filed by six different dealer plaintiffs1 seeking to recover damages for alleged violations by four named defendants of the state and federal antitrust laws. By stipulation of the parties, filed November 27, 1968, jury trial was waived and trial was held before the Court sitting without a jury.
Pursuant to pretrial orders No. 15, dated April 1, 1969, and No. 17, dated June 26, 1969, the issues of the first phase of the trial were limited to alleged violations by defendants of Section 1 of the Sherman Act (15 U.S.C. § 1), and impact on the dealer plaintiffs. Broadly stated, the issue presented was whether any of the defendants combined, conspired, or agreed with any other defendant or co-conspirator in violation of Section 1 of the Sherman Act.
Defendants filed answers denying the material allegations of the complaint and after 23 pretrial orders had been entered, trial commenced before the Court on the date hereinabove stated.
Plaintiffs in their post-trial brief assert that the principal acts of the defendants' combination and conspiracy were (1) the stabilization of prices and elimination of competition through verification of price and terms exceptions; and (2) direct price fixing through the concerted withdrawal of price and terms exceptions occurring on December 15, 1965 (price); on March 1, 1966 (credit); and in late 1966 (packaging).2
After plaintiffs had presented their evidence and concluded their case, defendant Fibreboard Corporation moved for dismissal of the cases against it (Nos. 48549, 46640, 48797, 48214 and 48798). On February 19, 1970, the Court granted said motion and on April 17, 1970, made and entered its findings of fact, conclusions of law and judgment in favor of Fibreboard.