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S & M MATERIALS CO. v. SOUTHERN STONE CO.

No. 79-2336.

612 F.2d 198 (1980)

S & M MATERIALS COMPANY, Plaintiff-Appellant, v. SOUTHERN STONE COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 25, 1980.

Attorney(s) appearing for the Case

Charles A. Gower, Stephen G. Gunby, Owens, Littlejohn & Pugh, F. Houser Pugh, Columbus, Ga., for plaintiff-appellant.

Hatcher, Stubbs, Land, Hollis & Rothschild, Albert W. Stubbs, William B. Hardegree, Columbus, Ga., for defendant-appellee.

Before BROWN, HILL and RANDALL, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 25, 1980.

JAMES C. HILL, Circuit Judge:

Southern Stone Co., appellee, owns and operates a dolomite rock quarry in Auburn, Alabama. High transportation costs and the bulky product's low value combine to give appellee a natural monopoly over the supply of raw dolomite rock in the Auburn area. S & M Materials Co., appellant, began life as a wholesaler of agricultural lime, which is derived from dolomite rock. In...

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