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CONTINENTAL BAKING CO. v. OLD HOMESTEAD BREAD CO.

No. 71-1679.

476 F.2d 97 (1973)

CONTINENTAL BAKING COMPANY, Appellant, v. The OLD HOMESTEAD BREAD COMPANY and Interstate Brands Corporation, Appellees.

United States Court of Appeals, Tenth Circuit.

Decided March 22, 1973.

Rehearing Denied May 7, 1973.

Attorney(s) appearing for the Case

John H. Schafer, of Covington & Burling, Washington, D. C. (Miles C. Cortez, Jr., of Welborn, Dufford, Cook, Phipps & Brown, Denver, Colo., Gordon A. Thomas, Rye, N. Y., and George R. Poehler and Charles Lister, of Covington & Burling, Washington, D. C., of counsel, with him on the brief), for appellant.

John S. Pfeiffer, Denver, Colo. (Gorsuch, Kirgis, Campbell, Walker & Grover, Frederic L. Kirgis, Robert E. Warren, Jr., and Alan G. Clausen, Denver, Colo., with him on the brief), for appellee, The Old Homestead Bread Co.

Edward L. Foote, Chicago, Ill. (Benjamin F. Stapleton, and Kenneth L. Starr, Denver, Colo., Edward J. Wendrow, and Brian A. Loftus, Chicago, Ill., Ireland, Stapleton, Pryor & Holmes, Denver, Colo., and Winston & Strawn, Chicago, Ill., of counsel, with him on the brief), for appellee, Interstate Brands Corp.

Before SETH and HOLLOWAY, Circuit Judges, and LANGLEY, District Judge.

SETH, Circuit Judge (By reassignment from HOLLOWAY, Circuit Judge).

Appellee, The Old Homestead Bread Company, commenced this suit under the Sherman Act and the Robinson-Patman Act against the appellant, Continental Baking Company, Rainbo Bread Company, and Interstate Brands Corporation. Interstate crossclaimed against Continental, and Continental counterclaimed against Interstate. The action was tried to a jury which returned...

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