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ELLINGSON v. BURLINGTON NORTHERN, INC.

No. 79-4854.

653 F.2d 1327 (1981)

Robert ELLINGSON, Jr., Plaintiff-Appellant, v. BURLINGTON NORTHERN, INC., dba Burlington Northern Railway, and Western Pacific Railroad Company, a corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 17, 1981.

Attorney(s) appearing for the Case

Bartholomew Lee, San Francisco, Cal., for plaintiff-appellant.

Peter W. Davis (on brief), Crosby, Heafey, Roach & May, Oakland, Cal., Seymour Farber, Fleischmann & Farber, San Francisco, Cal., argued, for defendants-appellees.

Before WRIGHT, TRASK and ANDERSON, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

I. Background.

Ellingson appeals the dismissal of his antitrust complaint against the Burlington Northern and Western Pacific Railroads and the award of $10,000 in attorneys fees.

Ellingson and his successors in interest operated a lumber mill in Klamath Falls. When the supply of harvestable timber in that area decreased, Ellingson purchased timber in California....

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