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FOUNT-WIP, INC. v. REDDI-WIP, INC.

No. 74-1818.

568 F.2d 1296 (1978)

FOUNT-WIP, INC., a California Corporation, and National Fount-Wip Vegetable Products, Inc., an Illinois Corporation, Plaintiffs-Appellants, v. REDDI-WIP, INC., a Corporation, Hunt-Wesson Foods, Inc., a Corporation, Marcus Lipsky, an Individual, Brookhill Farms, Inc., a Corporation, Farm Fresh Sales, Inc., a Corporation, and Chicago Fount-Wip Distributing Company, Inc., a Corporation, Defendants-Respondents.

United States Court of Appeals, Ninth Circuit.

February 6, 1978.

Attorney(s) appearing for the Case

Gary B. Lovell, Newport Beach, Cal. (argued), of Baltaxe & Klein, Beverly Hills, Cal., for appellant.

Maxwell M. Blecher (argued), of Blecher, Collins & Hoecker, Los Angeles, Cal., for appellee.

Before CHAMBERS and HUFSTEDLER, Circuit Judges, and WONG, District Judge.

HUFSTEDLER, Circuit Judge:

The plaintiffs won this antitrust case before a jury, but promptly lost their victory when the district court granted defendants' motion for judgment notwithstanding the verdict and, in the alternative, their motion for a new trial. We affirm judgment for the defendants on the Sherman Act, Section 2 and Clayton Act, Section 7 claims, but we remand plaintiffs' Sherman Act, Section 1 claim for a new trial because the district court could not...

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