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CLARKSON CO. LTD. v. ROCKWELL INTERN. CORP.

No. C-76-2342-CBR.

441 F.Supp. 792 (1977)

The CLARKSON COMPANY LIMITED, as Receiver for Rapid Data Systems & Equipment Ltd., and Rapid Data Systems & Equipment Ltd., Plaintiffs, v. ROCKWELL INTERNATIONAL CORPORATION, Defendant. ROCKWELL INTERNATIONAL CORPORATION, Counterclaimant, v. The CLARKSON COMPANY LIMITED, as Receiver for Rapid Data Systems & Equipment Ltd., and Rapid Data Systems & Equipment Ltd., Counterdefendants.

United States District Court, N. D. California.

December 6, 1977.

Attorney(s) appearing for the Case

Graham & James, Paul A. Dezurick, Bonnie L. Stack, San Francisco, Cal., for plaintiffs.

Orrick, Herrington, Rowley & Sutcliffe, Richard J. Lucas, Jack B. Owens, Daniel P. Cunningham, San Francisco, Cal., for defendant.

MEMORANDUM OF OPINION

RENFREW, District Judge.

Defendant Rockwell International Corporation ("Rockwell") has moved for summary judgment in plaintiffs' antitrust and breach of contract action on the ground that neither plaintiff has capacity to sue pursuant to Rule 17(b), Fed.R.Civ.P., and that neither is the real party in interest pursuant to Rule 17(a), Fed.R.Civ.P. Argument on the motion was heard July 28, 1977. By letter of September 16, 1977, the Court...

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