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BLAIR FOODS, INC. v. RANCHERS COTTON OIL

No. 77-3439.

610 F.2d 665 (1980)

BLAIR FOODS, INC., a corporation, Plaintiff-Counterdefendant-Appellant, v. RANCHERS COTTON OIL, a corporation; William A. Burns, an Individual; and Glen-Webb & Company of San Francisco, Inc., a corporation, Defendants-Counterclaimants-Appellees.

United States Court of Appeals, Ninth Circuit.

January 2, 1980.

Attorney(s) appearing for the Case

Daniel S. Mason, Furth, Fahrner & Wong, San Francisco, Cal., for plaintiff-counterdefendant-appellant.

Benjamin H. Parkinson, Harvey Leiderman, San Francisco, Cal. (argued), for defendants-counterclaimants-appellees; Philip E. Diamond, Landels, Ripley & Diamond, San Francisco, Cal., Ackerman, Johnston, Norberg, & Parkinson, San Francisco, Cal., on brief.

Before GOODWIN and WALLACE, Circuit Judges, and BARTELS, District Judge.

BARTELS, District Judge:

Appellant Blair Foods, Inc., ("Blair") brought this private antitrust action under Section Four of the Clayton Act, 15 U.S.C. § 15, seeking treble damages. Blair charged appellees Glen-Webb & Company of San Francisco, Inc., ("Glen-Webb"), Ranchers Cotton Oil ("Ranchers"), and William A. Burns, Vice President of Ranchers, with conspiracy in violation of Section One of the Sherman Act, 15 U.S.C. § 1, and appellee Glen-Webb with...

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