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ACE NOVELTY CO., INC. v. GOODING AMUSEMENT CO.

No. 80-3461.

664 F.2d 761 (1981)

ACE NOVELTY CO., INC., Plaintiff-Appellant, v. GOODING AMUSEMENT CO., INC., et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 21, 1981.

Attorney(s) appearing for the Case

C. R. Lonergan, Jr., Siderius, Lonergan & Crowley, Seattle, Wash., for plaintiff-appellant.

Peter D. Francis, Seattle, Wash., argued, for defendants-appellees; Daniel P. Chernoff, Portland, Or., on brief.

Before HUG and FARRIS, Circuit Judges, and WATERS, District Judge.

FARRIS, Circuit Judge:

Plaintiff Ace Novelty Co. filed an antitrust action in November, 1975 against the defendants, Gooding Amusement Co. and the American Freedom Train Foundation, in which it alleged that the defendants prevented it from selling patriotic souvenirs near the defendants' "Freedom Train" during the train's cross-country 1975-76 Bicentennial Tour. Instead, exclusive concessionaire's rights were granted to codefendant Jerry L. Kaltenbach Enterprises...

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