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DAVIS-WATKINS CO. v. SERVICE MERCHANDISE

No. 81-5057.

686 F.2d 1190 (1982)

DAVIS-WATKINS COMPANY, Plaintiff-Counter Defendant-Appellee, and Amana Refrigeration, Inc., Counter Defendant-Appellee, v. SERVICE MERCHANDISE, Defendant-Counter Plaintiff-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 23, 1982.

Attorney(s) appearing for the Case

Donald F. Mintmire, Barrett, Alagia & Carey, St. John Barrett, Washington, D. C., for Service Merchandise.

Steven A. Riley, Bass, Berry & Sims, Robert J. Walker, Nashville, Tenn., for Amana Refrigeration, Inc.

Stephen J. Holtman, Simmons, Perrine, Albright & Ellwood, Cedar Rapids, Iowa, F. Clay Bailey, Jr., John R. Edwards, Nashville, Tenn., for Davis-Watkins Co.

Before MARTIN and CONTIE, Circuit Judges, and TUTTLE, Senior Circuit Judge.

CONTIE, Circuit Judge.

Service Merchandise Company, Inc., (SMC) appeals the disposition of its antitrust counterclaims brought under section 1 of the Sherman Act, 15 U.S.C. § 1, against Amana Refrigeration, Inc., (Amana) and the Davis-Watkins Company (D-W). SMC asserts that the district court erroneously dismissed its per se theories of price stabilization, group boycott and horizontal market divisions on cross-motions for summary Judgment.1...

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