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HYDROLEVEL CORP. v. AM. SOC. OF MECH. ENGINEERS

Nos. 664, 665, Dockets 79-7254, 79-7260.

635 F.2d 118 (1980)

HYDROLEVEL CORPORATION, a New York Corporation, Plaintiff-Appellee-Cross-Appellant, v. The AMERICAN SOCIETY OF MECHANICAL ENGINEERS, INC., a New York Corporation, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 24, 1980.

Rehearing and Rehearing Denied January 22, 1981.

Attorney(s) appearing for the Case

Harold R. Tyler, Jr., New York City (Patterson, Belknap, Webb & Tyler, Richard D. Parsons, Frederick T. Davis, Steven C. Charen, New York City, of counsel), for defendant-appellant-cross-appellee.

Carl W. Schwarz, Washington, D.C. (Metzger, Shadyac & Schwarz, Stephen P. Murphy, William H. Barrett, Washington, D.C., Donald J. Williamson, P.A., New York City, Michael F. Rehill, Newark, N.J., of counsel), for plaintiff-appellee-cross-appellant.

Before LUMBARD, FRIENDLY and MESKILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 22, 1981.

LUMBARD, Circuit Judge:

The American Society of Mechanical Engineers (ASME) appeals from a judgment of $7.5 million, entered in the Eastern District of New York on February 14, 1979, Judge Weinstein presiding. The jury found that ASME had participated in a conspiracy to restrain trade in violation of § 1 of the Sherman Act, 15 U.S.C. § 1, and assessed damages at $3.3 million. Judge Weinstein...

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