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WORLD OF SLEEP, INC. v. STEARNS & FOSTER CO.

No. 74-1730.

525 F.2d 40 (1975)

WORLD OF SLEEP, INC., Plaintiff-Appellant, v. The STEARNS & FOSTER COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided October 30, 1975.

Attorney(s) appearing for the Case

Lyle E. Strom, Omaha, Neb. (C. L. Robinson, Fitzgerald, Brown, Leahy, Strom, Schoor & Barmettler, Omaha, Neb., and Gorsuch, Kirgis, Campbell, Walker & Grover, Denver, Colo., on the brief), for plaintiff-appellant.

William C. McClearn, Denver, Colo. (David G. Palmer, Denver, Colo., on the brief), for defendant-appellee.

Before LEWIS, Chief Judge, and SETH and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

World of Sleep, Inc., a Colorado corporation, brought a civil antitrust action under 15 U.S.C. §§ 1 and 15 against Stearns & Foster Company, an Ohio corporation. Stearns is a manufacturer of bedding products and its manufacturing plant is located outside Cincinnati, Ohio. World of Sleep is a retailer of specialty bedding products and has headquarters in Denver, Colorado, from which location it serves much of the Rocky Mountain...

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