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BBD TRANSP. CO., INC. v. SOUTHERN PAC. TRANSP. CO.

CA No. 78-2573.

627 F.2d 170 (1980)

BBD TRANSPORTATION COMPANY, INC., Plaintiff/Appellant, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY et al., Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 4, 1980.

Attorney(s) appearing for the Case

Eugene C. Thomas Paine, Raymond L. Ocampo, Jr., Hugh L. Holt, Broad, Khourie & Schulz, San Francisco, Cal., for plaintiff/appellant.

Herbert A. Waterman, San Francisco, Cal., Crosby, Heafey, Roach & May, Oakland, Cal., on brief; Robert D. Raven, George G. Weickhardt, San Francisco, Cal., Peter W. Davis, Oakland, Cal., for defendants/appellees.

Before CHOY, ANDERSON and FARRIS, Circuit Judges.

FARRIS, Circuit Judge:

BBD Transportation Company, Inc. sued Southern Pacific Transportation Company and five other railroads1 alleging that they conspired with United States Steel Corporation and Kaiser Steel Corporation to depress motor carrier rates in violation of section 1 of the Sherman Act, 15 U.S.C. § 1, and the Cartwright Act, California Business & Professions Code §§ 16700-16758. The district court dismissed...

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