DAYCO CORP. v. GOODYEAR TIRE & RUBBER CO.

Nos. 75-1234, 75-1235.

523 F.2d 389 (1975)

DAYCO CORPORATION, Plaintiff-Appellant, v. GOODYEAR TIRE & RUBBER COMPANY, Defendant-Appellee. DAYCO CORPORATION, Plaintiff-Appellant, v. FIRESTONE TIRE & RUBBER COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 15, 1975.

As Amended October 6, 1975.


Attorney(s) appearing for the Case

Edgar H. Brenner, Arnold & Porter, Washington, D. C., Robert J. Rotatori, Gold, Rotatori, Messerman & Hanna, Cleveland, Ohio, for Dayco Corp.

John F. McClatchey, Thompson, Hine & Flory, Cleveland, Ohio, for defendants-appellees in both cases.

Denis McInerney, Dudley B. Tenney, Cahill, Gordon & Reindel, New York City, for Goodyear Tire & Rubber Co.

George D. Newton, Jr., Kirkland & Ellis, Hammond E. Chaffetz, Reuben L. Hedlund, Thomas F. Gardner, Chicago, Ill., for Firestone Tire & Rubber Co.

Before PHILLIPS, Chief Judge, and McCREE and LIVELY, Circuit Judges.


McCREE, Circuit Judge.

This is a consolidated appeal from the grant of summary judgment in favor of defendants in two private antitrust actions brought by Dayco Corporation against Goodyear and Firestone. The complaints are practically identical and are based upon Sections 4 and 16 of the Clayton Act, 15 U.S.C. §§ 15, 26, and Section 2 of the Sherman Act, 15 U.S.C. § 2.

Dayco alleged that in 1959 and 1960, the defendants initiated sharp price...

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