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FOREMOST-McKESSON, INC. v. INSTRUMENTATION LABORATORY, INC.

No. 74-3636.

527 F.2d 417 (1976)

FOREMOST-McKESSON, INC., Plaintiff-Appellant, v. INSTRUMENTATION LABORATORY, INC., et al., Defendants, American Hospital Supply Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 19, 1976.

Attorney(s) appearing for the Case

Stephen D. Susman, J. Rufus Wallingford, Houston, Tex., for plaintiff-appellant.

Theodore F. Weiss, Jr., Alan S. Gover, E. William Barnett, Houston, Tex., for defendant-appellee.

Before TUTTLE, GODBOLD and GEE, Circuit Judges.

TUTTLE, Circuit Judge:

This is an appeal from the granting of a directed verdict for the defendant, American Hospital Supply Corporation (American), after the plaintiff, Foremost-McKesson, Inc. (Foremost), rested its case in an antitrust action against American. Foremost had charged American in one count with violation of Section 1 of the Sherman Act by alleging restraint of trade, and in two counts with violations of Section 2 of the Sherman Act by alleging conspiratorial...

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