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ORECK CORP. v. WHIRLPOOL CORP.

No. 6, Docket 79-7791.

639 F.2d 75 (1980)

ORECK CORPORATION, Plaintiff-Appellant, v. WHIRLPOOL CORPORATION and Sears Roebuck and Co., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 5, 1980.

Rehearing and Rehearing Denied May 13, 1981.

Attorney(s) appearing for the Case

Howard Adler, Jr., Washington, D. C. (James W. Olson, Michael D. Ridberg, Ronald W. Kleinman, and Bergson, Borkland, Margolis & Adler, Washington, D. C., and Mervin Rosenman, New York City, on the brief), for plaintiff-appellant Oreck Corp.

Michael R. Turoff, Chicago, Ill. (Stanley M. Lipnick, Patrick F. Geary, and Arnstein, Gluck, Weitzenfeld & Minow, Chicago, Ill., on the brief), for defendant-appellee Whirlpool Corp.

Gerald D. Fischer, New York City (Lefrak, Fischer, Myerson & Mandell, New York City, on the brief), for defendant-appellee Sears, Roebuck and Co.

Before TIMBERS, VAN GRAAFEILAND and NEWMAN, Circuit Judges.

Rehearing and Rehearing In Banc Denied May 13, 1981.

TIMBERS, Circuit Judge:

This action was commenced by appellant, Oreck Corporation, in September 1972. Following a jury trial, judgment was entered in July 1976 against appellees, Whirlpool Corporation and Sears, Roebuck and Co., and in favor of appellant on two counts of a seven count complaint charging violations of Section 1 of the Sherman Act, 15 U.S.C. §...

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