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SOUND SHIP BLDG. CORP. v. BETHLEHEM STEEL CO. (INC.)

No. 75-1337.

533 F.2d 96 (1976)

SOUND SHIP BUILDING CORP, a New York Corporation, Appellant, v. BETHLEHEM STEEL COMPANY (INCORPORATED), a Pennsylvania Corporation and Bethlehem Steel Corporation, a Delaware Corporation.

United States Court of Appeals, Third Circuit.

Decided January 16, 1976.

Rehearing Denied April 23, 1976.

As Amended June 3, 1976.

Attorney(s) appearing for the Case

Hannoch, Weisman, Stern & Besser, Albert G. Besser, Newark, N. J., for appellant; Charles H. Cottingham, Newark, N. J., of counsel.

Riker, Danzig, Scherer & Debevoise, Newark, N. J., for appellees; Dickinson R. Debevoise, Newark, N. J., C. H. Barnette, David M. Beckwith, E. C. Perkins, Bethlehem, Pa., of counsel.

Before VAN DUSEN, ADAMS and ROSENN, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This is an appeal by Sound Ship Building Corporation (Sound Ship) from the district court's ruling that Bethlehem Steel Corporation (Bethlehem) did not violate section 1 of the Sherman Act by including a restrictive covenant in the deed of sale transferring certain land to the JML Trading Company (JML). We affirm the judgment, although on a ground different from that relied on by the district court.

I....

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