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OHIO-SEALY MATTRESS MFG. CO. v. SEALY, INC.

Nos. 81-1542, 81-1615.

669 F.2d 490 (1982)

OHIO-SEALY MATTRESS MANUFACTURING COMPANY, Sealy Mattress Company of Houston, Sealy Mattress Company of Puerto Rico, Inc., and Sealy Mattress Company of Georgia, Inc., Plaintiffs-Appellants, Cross-Appellees, v. SEALY, INCORPORATED, Sealy Spring Corporation-Indiana, Sealy Spring Corporation-East, Sealy Spring Corporation-West, Sealy Mattress Company of Colorado, Inc., Sealy Mattress Company of Northern California, Inc., Sealy Mattress Company of Southern California, Inc., Schnorr Manufacturing Company, Inc., Sealy Mattress Company of Florida, Inc., Sealy Mattress Company of Pittsburgh, Inc., and Sealy Mattress Company of Philadelphia, Inc., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 29, 1982.

Rehearing and Rehearing Denied June 3, 1982.

Attorney(s) appearing for the Case

Frederic F. Brace, Jr., P. C., Brace & North, Chicago, Ill., for plaintiffs-appellants, cross-appellees.

Phil C. Neal, Friedman & Koven, Chicago, Ill., for defendants-appellees, cross-appellants.

Before SPRECHER and BAUER, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied June 3, 1982.

BAUER, Circuit Judge.

This is the second appeal in this antitrust suit. Ohio Sealy Mattress Manufacturing Company ("Ohio") filed suit against Sealy, Incorporated ("Sealy") in 1971 alleging that Sealy was engaged in a scheme to allocate markets in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1. Ohio sought legal and equitable relief. After a four month trial, the jury returned a $6,814,852...

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