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WORTHEN BANK & TRUST CO. v. NATIONAL BANKAMERICARD INC.

No. 72-1555.

485 F.2d 119 (1973)

WORTHEN BANK & TRUST COMPANY, Appellee, v. NATIONAL BANKAMERICARD INCORPORATED, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 21, 1973.

Rehearing Denied October 24, 1973.

Attorney(s) appearing for the Case

Francis R. Kirkham, San Francisco, Cal., for appellant.

Philip S. Anderson, Wright, Lindsey & Jennings, Little Rock, Ark., and Stephen D. Susman, Houston, Tex., for appellee.

Before GIBSON and ROSS, Circuit Judges, and BENSON, Chief District Judge.

Rehearing and Rehearing En Banc Denied October 24, 1973.

ROSS, Circuit Judge.

This is an appeal from an order granting partial summary judgment to the plaintiff in an antitrust action, based upon a holding by the trial court that the defendant had committed a "per se" violation of Section 1 of the Sherman Act. We reverse and remand for trial.

I. History

A. Procedural Background

On November 26, 1971, the Worthen Bank &...

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