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RICHTER CONCRETE CORP. v. HILLTOP CONCRETE CORP.

No. 81-3266.

691 F.2d 818 (1982)

RICHTER CONCRETE CORPORATION, the Collinwood Shale Brick and Supply Company, Plaintiff-Appellant, v. HILLTOP CONCRETE CORPORATION, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 27, 1982.

Attorney(s) appearing for the Case

Gene I. Mesh, Cincinnati, Ohio, for plaintiff-appellant.

Jacob K. Stein, Gerald Simmons, Murray S. Monroe, Thomas C. Hill, Taft, Stettinius & Hollister, Cincinnati, Ohio, for defendants-appellees.

Before EDWARDS, Chief Judge, and ENGEL and CONTIE, Circuit Judges.

CONTIE, Circuit Judge.

This appeal involves a private anti-trust action brought by the Richter Concrete Company against Hilltop Basic Resources, Inc. and Marquette Cement Company. During 1972-74, the relevant time period for this action, Richter and Hilltop were producers of ready-mix concrete in the Cincinnati area while Marquette supplied cement in that same area.

In its complaint, Richter alleged that: (1) Hilltop violated Section 2 of the Sherman Act,...

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