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ENERGY CONSERVATION, INC. v. HELIODYNE, INC.

No. 81-4662.

698 F.2d 386 (1983)

ENERGY CONSERVATION, INC., Plaintiff-Appellee, v. HELIODYNE, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 1, 1983.

Attorney(s) appearing for the Case

Bartholomew Lee, Paige Leslie Wickland, San Francisco, Cal., for defendant-appellant.

Jan T. Chilton, Severson, Werson, Berke & Melchior, Albert B. wenzell, Jr., St. Clair, Zappettini, McFertridge, San Francisco, Cal., for plaintiff-appellee.

Before MERRILL and POOLE, Circuit Judges, and ROTHSTEIN, District Judge.

POOLE, Circuit Judge:

Energy Conservation, Inc. (ECI) appeals the dismissal of its antitrust action for failure to state a claim. In its complaint ECI alleged that Heliodyne and its coconspirators brought a lawsuit in state court for the purpose of generating publicity adverse to ECI, with the intent to monopolize or attempt to monopolize the relevant market in violation of section 2 of the Sherman Act, 15 U.S.C. § 2. The district court dismissed the action either...

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