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OLSEN v. PROGRESSIVE MUSIC SUPPLY, INC.

Nos. 82-1357, 82-1400.

703 F.2d 432 (1983)

Clair OLSEN and Guitar City Studios, Inc., a Utah Corporation, Plaintiffs-Appellants, v. PROGRESSIVE MUSIC SUPPLY, INC.; Norlin Music, Inc., formerly Chicago Musical Instruments; and Peavey Electronics, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 8, 1983.

Attorney(s) appearing for the Case

Edward T. Wells and W. Andrew Clawson of Summerhays, Runyan & McLelland, Salt Lake City, Utah (Lowell V. Summerhays, of Summerhays, Runyan & McLelland, Salt Lake City, Utah, on brief), for plaintiffs-appellants.

Stephen G. Crockett, of Rooker, Larsen, Kimball & Parr, Salt Lake City, Utah, for defendant-appellee Progressive Music Supply, Inc.

Bryce E. Roe, of Roe & Fowler, Salt Lake City, Utah, for defendant-appellee Norlin Music, Inc., formerly Chicago Musical Instruments.

Curtis L. Frisbie, Jr., of Gardere & Wynne, Dallas, Tex. (Mark W. Bayer, of Gardere & Wynne, Dallas, Tex., with him on brief), for defendant-appellee Peavey Electronics, Inc.

Before McWILLIAMS, DOYLE and SEYMOUR, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

The plaintiff Olsen does business as Guitar City Studios, Inc., and he brings this action pursuant to Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2, and Section 2(e) of the Clayton Act, 15 U.S.C. § 13(e).

Named as defendants in Olsen's complaint and amended complaint are Progressive Music Supply, Inc.; Acoustic Control Corporation; Ovation Instruments, Inc. (a/k/a Kaman Corporation); Norlin Music...

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