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PIERCE PACKING CO. v. JOHN MORRELL & CO.

No. 79-4450.

633 F.2d 1362 (1980)

PIERCE PACKING CO., a Montana Corporation, Appellant, v. JOHN MORRELL & CO., a Delaware Corporation, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 17, 1980.

Attorney(s) appearing for the Case

Robert P. Ryan, Billings, Mont., for appellant.

William E. Jones, Carlington, Lohn & Robinson, Missoula, Mont., Wm. Bruce Hoff, Jr., Mayer, Brown, Platt, Chicago, Ill., for appellee.

Before KILKENNY and GOODWIN, Circuit Judges, and REAL, District Judge.

KILKENNY, Circuit Judge.

Appellant, a Montana corporation, instituted an action in the district court charging appellee, a Delaware corporation with its principal place of business in Chicago, Illinois, with violations of Sections 1 and 2 of the Sherman Act, of the Robinson-Patman Act, and of a Montana "Unfair Competition" statute prohibiting sales below cost. The case was tried to a jury. A special verdict was used and the jury answered the threshold question on...

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