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D & S REDI-MIX v. SIERRA REDI-MIX & CONTRACTING CO.

No. 81-5493.

692 F.2d 1245 (1982)

D & S REDI-MIX, an Arizona corporation, Plaintiff-Appellee, v. SIERRA REDI-MIX AND CONTRACTING COMPANY, an Arizona corporation and Eddie Cyr, dba Cashway Concrete and Materials, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 2, 1982.

Attorney(s) appearing for the Case

Curtis A. Jennings, Jay M. Mann, Jennings, Kepner & Haug, Phoenix, Ariz., for defendants-appellants.

S. Leonard Scheff, Erik M. O'Dowd, Tucson, Ariz., for plaintiff-appellee.

Before WRIGHT, TANG and SCHROEDER, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Sierra Redi-Mix and Contracting Co. (Sierra) and Eddie Cyr (Cyr), dba Cashway Concrete and Materials (Cashway), fought D&S Redi-Mix (D&S) for control of the concrete market in Sierra Vista, Arizona. Sierra and Cyr won. We must decide if their tactics violated the federal antitrust laws.

I. Facts

Sierra began making and selling concrete in Sierra Vista in 1956. Until 1969 it was virtually the only concrete...

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