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IN RE MULTIDISTRICT VEHICLE AIR POLLUTION

No. 74-1706.

538 F.2d 231 (1976)

In re MULTIDISTRICT VEHICLE AIR POLLUTION. STATE OF WASHINGTON et al., Plaintiffs-Appellants, v. AUTOMOBILE MANUFACTURERS ASSOCIATION et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

As Amended June 25, 1976.

Attorney(s) appearing for the Case

Frederic C. Tausend (argued), of Schweppe, Doolittle, Krug, Tausend, Beezer & Beierle, Seattle, Wash., and Anthony C. Joseph, Deputy Atty. Gen. of State of Cal. (argued), Los Angeles, Cal., for plaintiffs-appellants.

Lloyd N. Cutler (argued), of Wilmer, Cutler & Pickering, Washington, D. C., for defendants-appellees.

Before DUNIWAY, GOODWIN and WALLACE, Circuit Judges.

OPINION

DUNIWAY, Circuit Judge:

In these consolidated cases, appellants appeal from the dismissal of their actions charging violations of § 1 of the Sherman Act and seeking equitable relief under § 16 of the Clayton Act. The district court based the dismissal on the ground that the remedies sought under § 16 are not available under the unique facts of these cases. We affirm.

I. The Factual Background.

Appellants charge...

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