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ORECK CORP. v. WHIRLPOOL CORP.

No. 1173, Docket 76-7631.

563 F.2d 54 (1977)

ORECK CORPORATION, Plaintiff-Appellee, v. WHIRLPOOL CORPORATION and Sears, Roebuck and Co., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 21, 1977.

Rehearing Granted December 15, 1977.

Attorney(s) appearing for the Case

Michael R. Turoff, Chicago, Ill. (Alvin K. Hellerstein, Robert P. Stein, Stroock & Stroock & Lavan, New York City, Burton Y. Weitzenfeld, Stanley M. Lipnick, Patrick F. Geary, Arnstein, Gluck, Weitzenfeld & Minow, Chicago, Ill., on the brief for Whirlpool Corp.; Charles A. Tausche, Chicago, Ill., and Joseph J. Skinner, New York City, on the brief for Sears, Roebuck and Co.), for defendants-appellants.

Malcolm A. Hoffmann, New York City (Edward A. Woolley, Robert W. Biggar, Robert C. Agee, Bernard Zucker and Craig Schiller, New York City, on the brief), for plaintiff-appellee.

Before ANDERSON and MANSFIELD, Circuit Judges, and BRIEANT, District Judge.

Rehearing En Banc Granted December 15, 1977.

ROBERT P. ANDERSON, Circuit Judge:

This is an appeal from a judgment entered on July 13, 1976 in favor of Oreck Corporation (Oreck) against defendants Whirlpool Corporation (Whirlpool) and Sears, Roebuck & Co. (Sears) on two counts of a seven count complaint charging violations of § 1 of the Sherman Act, 15 U.S.C. § 1. Oreck was awarded $2,250,000 (after trebling) in monetary damages. For the reasons...

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