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SERVICE MERCHANDISE CO., INC. v. BOYD CORP.

Nos. 83-1096, 83-1097.

722 F.2d 945 (1983)

SERVICE MERCHANDISE COMPANY, INC., Plaintiff, Appellee, v. The BOYD CORPORATION, Defendant, Appellant. SERVICE MERCHANDISE COMPANY, INC., Plaintiff, Appellant, v. The BOYD CORPORATION, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 12, 1983.

Attorney(s) appearing for the Case

James D. St. Clair, Boston, Mass., with whom Richard J. Innis, and Hale & Dorr, Boston, Mass., were on brief, for The Boyd Corp.

George S. Isaacson, Lewiston, Maine, with whom Robert B. Gregory, Alfred C. Frawley and Brann & Isaacson, Lewiston, Maine, were on brief, for Service Merchandise Company, Inc.

Before CAMPBELL, Chief Judge, BOWNES, Circuit Judge, and PEREZ-GIMENEZ, District Judge.

BOWNES, Circuit Judge.

This antitrust action was brought originally by Supermarkets General Corporation (SGC) against The Boyd Corporation (Boyd). SGC alleged that Boyd had violated section 1 of the Sherman Act, 15 U.S.C. § 11 and sought treble damages pursuant to section 4 of the Clayton Act, 15 U.S.C. § 15.2 Specifically, SGC claimed that Boyd had conspired...

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