COUGHLIN v. CAPITOL CEMENT CO.

No. 76-4387.

571 F.2d 290 (1978)

Frank COUGHLIN, Padre Concrete Corporation, A. W. Van Cleave, Jr. and Allied Crushed Stone Company, Plaintiffs-Appellants, v. CAPITOL CEMENT CO. et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 10, 1978.


Attorney(s) appearing for the Case

Emmett Cole, Jr., Victoria, Tex., J. Dan Bohannan, Logan Ford, Dallas, Tex., for plaintiffs-appellants.

Stanley E. Neely, Nathan L. Hecht, Dallas Tex., Robert W. Wachsmuth, San Antonio, Tex., for Capitol Aggregates.

Marvin Sloman, Robert H. Mow, Jr., Stephen L. Elliott, Dallas, Tex., for Kaiser Cement & Gypsum Corp.

Before TUTTLE, COLEMAN and RONEY, Circuit Judges.


TUTTLE, Circuit Judge:

This is an appeal in a private antitrust action instituted by two individual and two corporate plaintiffs pursuant to 15 U.S.C. § 15.1 The original complaint alleged that defendants-appellees, Capitol Aggregates, Inc. [hereinafter "Capitol"] and Kaiser Cement & Gypsum Corporation [hereinafter "Kaiser"],2 and several non-party entities...

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