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KAISER ALUMINUM, ETC. v. AVONDALE SHIPYARDS, INC.

Nos. 81-3162, 81-3519.

677 F.2d 1045 (1982)

KAISER ALUMINUM & CHEMICAL SALES, INC., Plaintiff-Appellee, v. AVONDALE SHIPYARDS, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 26, 1982.

Attorney(s) appearing for the Case

Milling, Benson, Woodward, Hillyer, Pierson & Miller, James K. Irvin, Guy C. Lyman, Jr., New Orleans, La., Schnader, Harrison, Segal & Lewis, Kimber E. Vought, Philadelphia, Pa., for defendant-appellant in both cases.

Carl A. Solano, Philadelphia, Pa., for defendant-appellant in No. 81-3519.

Lemile, Kelleher, Kohlmeyer & Matthews, Ernest L. Edwards, New Orleans, La., for plaintiff-appellee in both cases.

Joseph N. Mole, New Orleans, La., for plaintiff-appellee in No. 81-3162.

Before WISDOM, POLITZ and TATE, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 26, 1982.

TATE, Circuit Judge:

Kaiser Aluminum and Chemical Sales, Inc. ("Kaiser") initiated this action in 1979 for simple breach of contract against Avondale Shipyards, Inc. ("Avondale"). In its answer to Kaiser's complaint, Avondale defended on the grounds that the contract sought to be enforced by Kaiser was violative of the antitrust laws. Avondale also filed a counterclaim seeking, inter alia, damages...

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