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MURPHY TUGBOAT CO. v. CROWLEY

No. 79-4266.

658 F.2d 1256 (1981)

MURPHY TUGBOAT COMPANY, Plaintiff-Appellant, v. Thomas B. CROWLEY; Shipowners & Merchants Towboat Company, Ltd,; Bay Cities Transportation Company; Harbor Tug & Barge Company; Tug Sea Cloud, Inc.; Tug Sea Fox, Inc.; Tug Sea Horse, Inc.; Tug Sea King, Inc.; Tug Sea Lark, Inc.; Tug Sea Lion, Inc.; Tug Sea Prince, Inc.; Tug Sea Robin, Inc.; Tug Sea Rover, Inc.; Tug Valiant, Inc.; Tug Trojan, Inc.; Tug Atlas, Inc.; Tug Sea Wolf, Inc.; Crowley Launch & Tugboat Company; Cary-Davis Tug & Barge Company and Long Beach Tugboat Company, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 11, 1981.

As Amended on Denial of Rehearing and Rehearing October 15, 1981.

Attorney(s) appearing for the Case

Ronald Lovitt, Lovitt & Hannan, Inc., San Francisco, Cal., argued, for plaintiff-appellant; Robert L. Palmer, Martori, Meyer, Henricks & Victor, Phoenix, Ariz., Henry I. Bornstein, San Francisco, Cal., on brief.

Kristina M. Hansen, San Francisco, Cal., argued, for defendants-appellees; Richard J. Archer, Sullivan, Jones & Archer, San Francisco, Cal., on brief.

Before WALLACE and POOLE, Circuit Judges, and SMITH, District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc October 15, 1981.

WALLACE, Circuit Judge:

In this treble damages antitrust action pursuant to section 4 of the Clayton Act, 15 U.S.C. § 15, Murphy Tugboat Company appeals from a judgment n. o. v. in favor of defendant competitor tugboat companies. We affirm.

I

Defendants Shipowners & Merchants Towboat Company (Red Stack) and Bay Cities Transportation Company (Bay Cities) have...

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