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PIEDMONT LABEL CO. v. SUN GARDEN PACKING CO.

No. 77-2088.

598 F.2d 491 (1979)

PIEDMONT LABEL COMPANY, Appellant, v. SUN GARDEN PACKING COMPANY, Appellee.

United States Court of Appeals, Ninth Circuit.

June 5, 1979.

Attorney(s) appearing for the Case

Phyllis Kay Dryden, John R. Reese, McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., for appellant.

Darrell Salomon, Alioto & Alioto, San Francisco, Cal., for appellee.

Before BROWNING and HUFSTEDLER, Circuit Judges, and BARTELS, District Judge.

HUFSTEDLER, Circuit Judge:

The question presented is whether venue in a private antitrust suit may be founded solely on allegations that a defendant was a member of a conspiracy and that a co-conspirator performed acts in the forum district. This issue has been troublesome ever since the Supreme Court in Bankers Life & Casualty Co. v. Holland (1953) 346 U.S. 379, 74 S.Ct. 145, 98 L.Ed. 106, disapproved an attempt to base...

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