BATTLE v. LUBRIZOL CORP.

No. 81-1585.

673 F.2d 984 (1982)

Jeffrey B. BATTLE; Karen Battle; d/b/a Bayview Service and Supply Co.; and Anchor Supply Co., Inc., Appellants, Gordon Watson and Thomas Watson, v. The LUBRIZOL CORPORATION; Jenkin-Guerin, Inc.; and Jack K. Krause, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 4, 1982.

Rehearing and Rehearing Granted May 21, 1982.


Attorney(s) appearing for the Case

Paul H. Schramm, M. Harvey Pines (argued), Schramm, Newman, Pines & Freyman, Clayton, Mo., for appellants.

C. William Portell, Jr. (argued), Harry G. Neill, Jr., Richard Wolff, St. Louis, Mo., for appellees Jenkin-Guerin, Inc. and Jack K. Krause.

Robert H. Rawson, Jr. (argued), A. Theodore Gardiner, III, Jones, Day, Reavis & Pogue, Cleveland, Ohio, Walter M. Clark, Thomas E. Wack, Armstrong, Teasdale, Kramer & Vaughan, St. Louis, Mo., for appellee The Lubrizol Corp.

Before HEANEY and McMILLIAN, Circuit Judges, and BENSON, Senior District Judge.


Rehearing and Rehearing En Banc Granted May 21, 1982.

McMILLIAN, Circuit Judge.

Jeffrey B. Battle, Karen Battle and two businesses which they control, Anchor Supply Co. (Anchor) and Bayview Service & Supply Co. (Bayview), appeal the district court's order of summary judgment and dismissal of their private antitrust action alleging that appellees, the Lubrizol Corporation, Jenkin-Guerin, Inc., and Jack K. Krause...

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