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MAYER PAVING & ASPHALT CO. v. GENERAL DYNAMICS CORP.

Nos. 72-1613, 72-1703, 72-1704.

486 F.2d 763 (1973)

MAYER PAVING AND ASPHALT COMPANY, an Illinois corporation, and Lee O. Mayer, sole surviving partner of Mayer Paving Company, a co-partnership, Plaintiffs and Counter-Defendants, Appellants and Cross-Appellees, v. GENERAL DYNAMICS CORPORATION, a Delaware corporation and Material Service Corporation, a Delaware corporation, Defendants and Counter-Claimant, Appellees and Cross-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided October 1, 1973.

Certiorari Denied January 14, 1974.

Attorney(s) appearing for the Case

John J. Borst, Jr., Francis J. Mc-Connell, Chicago, Ill., for Mayer Paving & Asphalt Co.

James R. Thompson, U. S. Atty., William T. Huyck, Asst. U. S. Atty., Patrick W. O'Brien, Bertram M. Long, James W. Gladden, Jr., and Ronald W. Szwajkowski, Chicago, Ill., for Gen. Dynamics Corp.; Mayer, Brown & Platt, Chicago, Ill., of counsel.

Before CLARK, Associate Justice, and PELL and SPRECHER, Circuit Judges.

Certiorari Denied January 14, 1974. See 94 S.Ct. 899.

PELL, Circuit Judge.

Mayer Paving and Asphalt Company and Lee O. Mayer appealed from a judgment in favor of Material Service Corporation, a subsidiary of General Dynamics Corporation, on its counterclaim and from a judgment n. o. v. in favor of defendants on plaintiffs' complaint.** Plaintiffs alleged that they had been the victims of illegal price discrimination in the sale...

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