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RUTLEDGE v. BOSTON WOVEN HOSE & RUBBER CO.

No. 76-1231.

576 F.2d 248 (1978)

M. D. RUTLEDGE, Appellant, v. BOSTON WOVEN HOSE AND RUBBER COMPANY, a Division of American Biltrite, Inc., a corporation, Appellee.

United States Court of Appeals, Ninth Circuit.

June 7, 1978.

Attorney(s) appearing for the Case

Robert L. Wilson (argued), Los Angeles, Cal., for appellant.

Douglas C. Conroy (argued), Los Angeles, Cal., for appellee.

Before MERRILL and HUFSTEDLER, Circuit Judges, and THOMPSON, District Judge.

HUFSTEDLER, Circuit Judge:

This appeal arises from the dismissal of the second of two antitrust lawsuits filed by plaintiff Rutledge against various hydraulic hose manufacturers and assemblers. Rutledge's first suit was filed in 1969 against five hose manufacturers and seven hose assemblers alleging a price fixing conspiracy in violation of Sections 1 and 2 of the Sherman Act and price discrimination in violation of the Clayton and Robinson-Patman Acts. (Rutledge...

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