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PERINGTON WHOLESALE, INC. v. BURGER KING CORP.

No. 77-1877.

631 F.2d 1369 (1979)

PERINGTON WHOLESALE, INC., Plaintiff-Appellant, v. BURGER KING CORPORATION, Davmor Industries, Inc., and Carpenter Paper Co., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided October 31, 1979.

Supplemental Opinion on Rehearing January 14, 1980.

Rehearing Denied February 20, 1980.

Attorney(s) appearing for the Case

Martin Zerobnick, Denver, Colo. (Robert G. Weiss, Denver, Colo., with him on brief), of Brenman, Sobol, Baum, Zerobnick, Epstein, Zuckerman & Lutz, P. C., Denver, Colo., for plaintiff-appellant.

R. Brooke Jackson, Denver, Colo. (Harry L. Hobson, Denver, Colo. with him on brief), of Holland & Hart, Denver, Colo., for defendants-appellees, Burger King Corporation and Davmor Industries, Inc.

Before DOYLE, McKAY and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

This appeal arises out of a private antitrust suit brought by Perington Wholesale, Inc. (Perington), against Burger King Corporation (Burger King), Davmor Industries, Inc. (Davmor), and Carpenter Paper Company (Carpenter). Among other claims, Perington asserts that defendants conspired to restrain trade and conspired or attempted to monopolize in violation of the Sherman Act, 15 U.S.C. §§ 1, 2, and utilized a tying arrangement in violation...

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