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FORTNER ENTERPRISES, INC. v. U. S. STEEL CORP.

No. 75-1208.

523 F.2d 961 (1975)

FORTNER ENTERPRISES, INC., Plaintiff-Appellee, v. UNITED STATES STEEL CORPORATION and United States Steel Homes Credit Corp., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided October 3, 1975.

Certiorari Granted February 23, 1976.

Attorney(s) appearing for the Case

Albert F. Reutlinger, Middleton, Reutlinger & Baird, Louisville, Ky., Macdonald Flinn, White & Case, New York City, for defendants-appellants.

Kenneth L. Anderson, Woodward, Hobson & Fulton, A. Scott Hamilton, Jr., Hamilton, Metry, Vish, Milliman & Porter, Louisville, Ky., for plaintiff-appellee.

Before WEICK and MILLER, Circuit Judges, and CECIL, Senior Circuit Judge.

Certiorari Granted February 23, 1976. See 96 S.Ct. 1100.

WILLIAM E. MILLER, Circuit Judge.

This private antitrust action is before us on appeal for the third time in twelve years. The action involves a tying arrangement in which U. S. Steel tied the purchase of prefabricated houses to credit given to finance the acquisition and development of land on which they were to be built.

The Homes Division of U. S. Steel manufactures prefabricated houses and...

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