IN RE CESSNA DISTRIBUTORSHIP ANTITRUST LITIGATION

Nos. 75-1745, 75-1785.

532 F.2d 64 (1976)

In re CESSNA DISTRIBUTORSHIP ANTITRUST LITIGATION. The CESSNA AIRCRAFT COMPANY et al., Appellants, v. SKYWAYS, INC., et al., Appellees. The CESSNA AIRCRAFT COMPANY et al., Petitioners, v. The Honorable William H. BECKER, United States District Judge for the Western District of Missouri, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided March 2, 1976.


Attorney(s) appearing for the Case

Thomas E. Deacy, Jr., Deacy & Deacy, Kansas City, Mo., for appellants. Thomas E. Deacy, Jr. and Donald C. Bollard, III, Deacy & Deacy, Kansas City, Mo., and Don H. Reuben, E. Houston Harsha and Richard B. Rogers, Kirkland & Ellis, Chicago, Ill., on brief and reply brief and Appendix in No. 75-1745, and on petition for writ of mandamus in No. 75-1785.

Joseph M. David, Jr., Kansas City, Mo., for appellee, Airflite. Lawrence R. Brown and Joseph M. David, Jr., Kansas City, Mo., and Edwin Freston, Los Angeles, Cal., on brief.

Don M. Jackson, Kansas City, Mo., for A. F. Liquidating, etc., appellee. Don M. Jackson and Paul L. Wickens, Kansas City, Mo., and Fred F. Gregory, Gibson, Dunn & Crutcher, Los Angeles, Cal., on brief.

Robert E. Ackerberg, Schiff, Hardin & Waite, Chicago, Ill., for appellee, Skyways, Inc.; Susan A. Henderson and W. Donald McSweeney, William A. Montgomery and Robert E. Ackerberg, Schiff, Hardin & Waite, Chicago, Ill., and Robert H. Bingham and James P. Zakoura, Kansas City, Kan., on brief.

Edward A. McConwell, Overland Park, Kan., for Class (appellees).

Before HEANEY, ROSS and WEBSTER, Circuit Judges.


WEBSTER, Circuit Judge.

This antitrust class action is before us for a second time.1 Certain of the defendants moved in the District Court2 for leave to file a cross-claim against their codefendants. Their motion was denied, and they appeal. Alternatively, they petition for a writ of mandamus compelling the District Court to grant leave to file the cross-claim.

A review of the proceedings in the District...

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