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BLANKENSHIP v. HERZFELD

No. 80-1389.

661 F.2d 840 (1981)

Homer C. BLANKENSHIP, an individual, and Herzfeld's Beauty & Barber Supply of Muskogee, Inc., an Oklahoma Corporation, Plaintiffs-Appellants, v. Gene HERZFELD, an individual; Herzfeld's Beauty & Barber Supply, a partnership; Herzfeld's Beauty & Barber Supply, Inc., an Oklahoma Corporation, Oklahoma City; Helene Curtis Industries, Inc., a foreign corporation; and Herzfeld's Beauty & Barber Supply of Amarillo, Inc., a foreign corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided October 9, 1981.

Attorney(s) appearing for the Case

Frank M. Hagedorn of Hall, Estill, Hardwick, Gable, Collingsworth & Nelson, Tulsa, Okl., for plaintiffs-appellants.

Floyd L. Walker of Pray, Walker, Jackman, Williamson & Marlar, Tulsa, Okl. (John S. Zarbano of Pray, Walker, Jackman, Williamson & Marlar, Tulsa, Okl., with him on the brief for defendant-appellee Helene Curtis; David O. Harris, Tulsa, Okl., and Jack Mattingly, Seminole, Okl., on the brief for Herzfeld defendants-appellees), for defendants-appellees.

Before McWILLIAMS, BARRETT and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

Plaintiff Herzfeld's Beauty & Barber Supply of Muskogee (HOM) brought this action under sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2.1 The district court granted defendants' motion to dismiss after plaintiff presented its evidence. We affirm in part and reverse in part.

I.

FACTUAL BACKGROUND

HOM is an Oklahoma corporation, operating out of Muskogee, Oklahoma...

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