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INDUSTRIAL BLDG. MATERIALS, INC. v. INTERCHEMICAL CORP.

No. 22847.

437 F.2d 1336 (1970)

INDUSTRIAL BUILDING MATERIALS, INC., Appellant, v. INTERCHEMICAL CORPORATION, Appellee.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing February 26, 1971.

Attorney(s) appearing for the Case

Lyle L. Jones, San Diego, Cal. (argued), John A. Mitchell, San Diego, Cal., for appellant.

G. Richard Doty, Los Angeles, Cal. (argued), H. Peter Stoterau, of McCutchen, Black, Verleger & Shea, Los Angeles, Cal., for appellee.

Before BROWNING, ELY, and WRIGHT, Circuit Judges.

ELY, Circuit Judge:

The appellant, Industrial, filed an action for damages under the Sherman Act (15 U.S.C. §§ 1 & 2) and the Clayton Act, as amended by the Robinson-Patman Act (15 U.S.C. § 13(a)). After extensive discovery and pre-trial efforts at defining issues, the District Court dismissed the action for failure of plaintiff's counsel to comply with a court order and also granted summary judgment for defendants. Industrial appeals from both...

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