GEORGE R. WHITTEN, JR., INC. v. PADDOCK POOL BLDRS., INC.

No. 74-1169.

508 F.2d 547 (1974)

GEORGE R. WHITTEN, JR., INC., d/b/a Whitten Corporation, Plaintiff-Appellant, v. PADDOCK POOL BUILDERS, INC., et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided December 17, 1974.


Attorney(s) appearing for the Case

John E. Lecomte, Boston, Mass., with whom Frank T. Barber, III, Peter A. Donovan, Newton, Mass., and Lecomte, Shea & Dangora, Boston, Mass., were on brief, for plaintiff-appellant.

John D. Hawke, Jr., Washington, D.C., with whom Jack Lipson, Kenneth A. Letzler, and Arnold & Porter, Washington, D.C., for defendants-appellees.

Before COFFIN, Chief Judge, McENTEE, Circuit Judge, and CLARY, Senior District Judge.


COFFIN, Chief Judge.

This appeal presents issues arising out of a private antitrust suit brought by George R. Whitten, Jr., Inc. (Whitten) against several associated companies (Paddock).1 Both Whitten and Paddock manufacture and merchandize prefabricated metal recirculation systems for swimming pools constructed by public agencies. The complaint arises out of Paddock's efforts to persuade architects and engineers to use its proprietary...

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