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WAYS & MEANS, INC. v. IVAC CORP.

No. 79-4095.

638 F.2d 143 (1981)

WAYS & MEANS, INC., a corporation; and Labcon, Inc., a corporation, Plaintiffs-Appellants, v. IVAC CORPORATION, a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 2, 1981.

Rehearing and Rehearing Denied April 2, 1981.

Attorney(s) appearing for the Case

Jerrold N. Offstein, San Francisco, Cal., argued for plaintiffs-appellants; John H. Boone, Boone & Knudsen, San Francisco, Cal., on brief.

Richard J. Archer, Sullivan, Jones & Archer, San Francisco, Cal., for defendant-appellee.

Before DUNIWAY and FERGUSON, Circuit Judges, and GRANT, District Judge.

Rehearing and Rehearing En Banc Denied April 2, 1981.

PER CURIAM:

We are in accord with the opinion of the district court. 1979-2 Trade Cases ¶ 62,734, 506 F.Supp. 697 (N.D.Cal.1981). Ways and Means claims that the district court drew the erroneous conclusion that the cost of the plaintiffs' thermometer covers and IVAC's thermometer was lower than that of the allegedly illegal tie. However, the precision of this conclusion...

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