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UNITED STATES v. STUDIENGESELLSCHAFT KOHLE, m.b.H.

No. 79-1634.

670 F.2d 1122 (1981)

UNITED STATES of America v. STUDIENGESELLSCHAFT KOHLE, m.b.H., Director Max Planck, Institut Fur Kohlenforschung, Appellant, Hercules Incorporated, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided December 11, 1981.

Attorney(s) appearing for the Case

Arnold Sprung, New York City, with whom Nathaniel Kramer, New York City, and Barry E. Cohen, Washington, D.C., were on the brief, for appellant.

Bruce E. Fein, Atty., Dept. of Justice, Washington, D.C., with whom John J. Powers, III and Kurt Shaffert, Attys., Dept. of Justice, Washington, D.C., were on the brief, for appellee.

Before ROBINSON, Chief Judge, McGOWAN, Senior Circuit Judge, and LOUIS F. OBERDORFER, United States District Judge.

Opinion for the Court filed by District Judge OBERDORFER.

OBERDORFER, District Judge:

This is a civil antitrust enforcement action brought by the United States against Studiengesellschaft Kohle m.b.H. (S.K.) and its licensees. Essentially, the complaint challenged certain arrangements which granted an exclusive license to sell the product of a patented process as an unreasonable restraint of trade and an attempt to monopolize a part of trade or commerce in...

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