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BORGER v. YAMAHA INTERN. CORP.

No. 541, Docket 79-7447.

625 F.2d 390 (1980)

Milton BORGER and Richard Borger, Plaintiffs-Appellees, v. YAMAHA INTERNATIONAL CORPORATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 29, 1980.

Attorney(s) appearing for the Case

John P. Arness, Washington, D.C. (Hogan & Hartson, Washington, D.C., Miller, Montgomery, Sogi, Brady & Taft, New York City, on brief), for defendant-appellant.

Patricia Goughan, New York City (Hammond & Morton, P. C., Wells Burgess, New York City, on brief), for plaintiffs-appellees.

Before LUMBARD and VAN GRAAFEILAND, Circuit Judges, and CARTER, District Judge.

VAN GRAAFEILAND, Circuit Judge:

This is an appeal by Yamaha International Corporation (Yamaha) from a judgment entered against it in the United States District Court for the Southern District of New York for violations of section 1 of the Sherman Act, 15 U.S.C. § 1. Plaintiffs were awarded $454,158.00 (after trebling) in monetary damages and $125,000.00 in attorneys' fees. For the reasons set forth below, we reverse and remand for a new trial.

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