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CONTRACTOR UTILITY SALES v. CERTAIN-TEED PRODUCTS

Nos. 80-1128, 80-1245.

638 F.2d 1061 (1981)

CONTRACTOR UTILITY SALES CO., INC., an Illinois corporation, Plaintiff Counterdefendant-Appellant, v. CERTAIN-TEED PRODUCTS CORPORATION, a Maryland corporation, Defendant Counterplaintiff-Appellee. CONTRACTOR UTILITY SALES CO., INC., an Illinois corporation, Plaintiff Counterdefendant-Appellee, v. CERTAIN-TEED PRODUCTS CORPORATION, a Maryland corporation, Defendant Counterplaintiff-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 14, 1981.

Rehearing and Rehearing Denied February 17, 1981.

Attorney(s) appearing for the Case

Thomas F. Londrigan, Springfield, Ill., for plaintiff-counterdefendant appellant, plaintiff-counterdefendant appellee.

Geoffrey G. Gilbert, Chicago, Ill., for defendant-counterplaintiff appellee, defendant-counterplaintiff appellant.

Before CUMMINGS, SPRECHER and BAUER, Circuit Judges.

Rehearing and Rehearing In Banc Denied February 17, 1981.

SPRECHER, Circuit Judge.

Plaintiff, Contractor Utility Sales Co., Inc. ("Cusco"), brought suit against Certain-teed Products Corporation ("Certain-teed"),1 for alleged violations of Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2, and for common law fraud and breach of contract. A ten day jury trial was held before Judge Harold A. Baker in the United...

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