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DART INDUSTRIES, INC. v. PLUNKETT CO. OF OKLAHOMA

Nos. 81-1404, 81-1454.

704 F.2d 496 (1983)

DART INDUSTRIES, INC., Ralph Wilson Plastics Division, Plaintiff-Appellee and Cross-Appellant, v. The PLUNKETT COMPANY OF OKLAHOMA, INC., an Oklahoma Corporation, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

April 8, 1983.

Attorney(s) appearing for the Case

Philip R. Russ, Amarillo, Tex. (Douglas L. Boyd, Tulsa, Okl. with him on the brief), for The Plunkett Company of Oklahoma, Inc.

James H. Bellingham of McClelland, Collins, Bailey, Bailey & Manchester, Oklahoma City, Okl., for Dart Industries, Inc., Ralph Wilson Plastics Div.

Before McWILLIAMS, DOYLE and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

These appeals arise out of Dart Industries, Inc.'s termination of The Plunkett Company of Oklahoma, Inc. as its Tulsa area distributor of the laminates and adhesives it manufactures. Dart sued Plunkett for monies owed on Plunkett's purchases, after having given credit for returned inventory. Plunkett counterclaimed, alleging antitrust violations.

At trial, the only item in dispute on the accounting issue was the amount of credit to be...

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