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COMET MECHANICAL CONTRACTORS, INC. v. COWEN CONST., INC.

No. 78-1131.

609 F.2d 404 (1980)

COMET MECHANICAL CONTRACTORS, INC., an Oklahoma Corporation, Plaintiff-Appellant, v. E. A. COWEN CONSTRUCTION, INC., et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided January 7, 1980.

Attorney(s) appearing for the Case

Robert W. Pittman, Oklahoma City, Okl., for plaintiff-appellant.

John J. Griffin, Jr. of Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, Oklahoma City, Okl. (with William G. Paul of Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, Oklahoma City, Okl., and Richard N. Steed of Steed & Bushong, Shawnee, Okl., on the brief), for defendant-appellee E. A. Cowen Construction, Inc.

James W. Bill Berry, Oklahoma City, Okl., for defendant-appellee Wattie Wolfe Co.

Before McWILLIAMS, DOYLE and McKAY, Circuit Judges.

McKAY, Circuit Judge.

Comet Mechanical Contractors, Inc. (Comet), a mechanical subcontractor, brought this suit for treble damages under federal antitrust laws, 15 U.S.C. §§ 1 et seq., against several construction contractors and the then Governor of Oklahoma. The suit charges the defendants with conspiring to rig bids for the construction of two public buildings. Comet claims that bid prices were fixed high enough to allow the defendants to force...

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