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ZELL-AIRE OF NEW ENGLAND, INC. v. ZELL-AIRE CORP.

Nos. 81-1658, 81-1669.

684 F.2d 174 (1982)

ZELL-AIRE OF NEW ENGLAND, INC., Plaintiff, Appellant, v. ZELL-AIRE CORPORATION, et al., Defendants, Appellees. ZELL-AIRE OF NEW ENGLAND, INC., Plaintiff, Appellee, v. ZELL-AIRE CORPORATION, Defendant, Appellant, and Electro Energy Systems, Inc., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 9, 1982.

Attorney(s) appearing for the Case

Charles Donelan, Boston, Mass., with whom Day, Berry & Howard, Hartford, Conn., Howard B. Myers, and Myers & Laufer, Concord, N. H., were on brief, for Zell-Aire of New England, Inc.

Richard V. Wiebusch, Manchester, N. H., with whom William J. Donovan, and Sheehan, Phinney, Bass & Green Professional Ass'n, Manchester, N. H., were on brief, for Zell-Aire Corp.

Arthur O. Gormley, Jr., Nashua, N. H., for Electro Energy Systems, Inc., and Walter S. Marson.

Before COFFIN, Chief Judge, ALDRICH and BREYER, Circuit Judges.

PER CURIAM.

Contrary to the main argument advanced in the brief of plaintiff/appellant (ZANE), this case does not involve the issue of whether price fixing is unlawful per se — a proposition well established in the law at least since United States v. Socony-Vacuum Oil Co., 310 U.S. 150, 60 S.Ct. 811, 84 L.Ed. 1129 (1940) (horizontal) and Dr. Miles Medical Co. v. John D. Park & Sons Co.,

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