DAIFLON, INC. v. BOHANON

No. 79-1459.

612 F.2d 1249 (1979)

DAIFLON, INC., Petitioner, v. The Honorable Luther BOHANON, Judge of the United States District Court for the Western District of Oklahoma, Respondent.

United States Court of Appeals, Tenth Circuit.

Decided December 21, 1979.

Rehearing Denied March 5, 1980.


Attorney(s) appearing for the Case

B. Hayden Crawford, Tulsa, Okl. (Joel L. Wohlgemuth of Prichard, Norman & Wohlgemuth, Tulsa, Okl., and Frank Gregory, Tulsa, Okl., on the brief), for petitioner.

John S. Athens and Douglas L. Inhofe of Conner, Winters, Ballaine, Barry & McGowen, Tulsa, Okl., for defendant Allied Chemical Corp.

Herbert Dym of Covington & Burling, Washington, D.C. (Coleman Hayes of Monnet, Hayes, Bullis, Thompson & Edwards, Oklahoma City, Okl., and John P. Rupp of Covington & Burling, Washington, D.C., on the brief), for defendant E. I. du Pont de Nemours and Co.

James M. Sturdivant and Sidney G. Dunagan of Gable, Gotwals, Rubin, Fox, Johnson & Baker, Tulsa, Okl., for defendants Kaiser Aluminum & Chemical Sales, Inc., and Kaiser Aluminum & Chemical Corp.

Peter B. Bradford of McAfee, Taft, Mark, Bond, Rucks & Woodruff, Oklahoma City, Okl., and Henry Kolowrat of Dechert, Price & Rhoads, Philadelphia, Pa., for defendant Pennwalt Corp.

J. L. Weigand, Jr. of Curfman, Harris & Weigand, Wichita, Kan., for defendant Racon Inc.

D. Kent Meyers of Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, Oklahoma City, Okl., for defendant Union Carbide Corp.

Before McWILLIAMS, BREITENSTEIN and DOYLE, Circuit Judges.


WILLIAM E. DOYLE, Circuit Judge.

These are proceedings in which Daiflon seeks review of an order of the district court granting a new trial in an antitrust case which had been tried to a jury. Daiflon prevailed in that case and recovered a judgment in the amount of $2.5 million actual damages. Daiflon moved the court to treble this amount. The court simply ordered entry of judgment for $2.5 million. The trial court granted a new trial on all of the issues. See...

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