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TEKTON, INC. v. BUILDERS BID SERVICE OF UTAH, INC.

Nos. 81-1060, 81-1085.

676 F.2d 1352 (1982)

TEKTON, INC., a Utah corporation, Paulsen Construction Co., a Utah general partnership, and Rocky Mountain Contractors, Inc., a Utah corporation, Plaintiffs-Appellees Cross-Appellants, v. BUILDERS BID SERVICE OF UTAH, INC., a Utah nonprofit corporation, and Utah Sub-Contractors Bid Service, a Utah nonprofit corporation, Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

May 4, 1982.

Attorney(s) appearing for the Case

Hardin A. Whitney, Salt Lake City, Utah (Reid E. Lewis, Salt Lake City, Utah, with him on the brief) of Moyle & Draper, Salt Lake City, Utah, for plaintiffs-appellees, cross-appellants.

Wilford A. Beesley of Beesley & Fairclough, Salt Lake City, Utah, for defendants-appellants, cross-appellees.

Before SETH, Chief Judge, and BARRETT and DOYLE, Circuit Judges.

BARRETT, Circuit Judge.

Builders Bid Service of Utah, Inc. (BBS) and Utah Sub-Contractors Bid Service (USBS) appeal from a judgment entered by the district court declaring certain of their operating rules to be invalid as violative of Sections 1 and 2 of the Sherman Act (15 U.S.C.A. §§ 1, 2), and enjoining future enforcement of the proscribed rules.

BBS and USBS are non-profit Utah corporations which operate depositories for the submission and distribution...

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