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L.A. DRAPER AND SON, INC. v. WHEELABRATOR-FRYE, INC.

Civ. A. No. 80-G-0958-S.

560 F.Supp. 1138 (1983)

L.A. DRAPER AND SON, INC., Plaintiff, v. WHEELABRATOR-FRYE, INC., a corporation; Hessco Industrial Supply, Inc., a corporation; and Fred Z. Hester, Defendants.

United States District Court, N.D. Alabama, S.D.

March 16, 1983.

Attorney(s) appearing for the Case

Thad G. Long and Joseph B. Mays, Jr., Bradley, Arant, Rose & White, Birmingham, Ala., for plaintiff.

L. Murray Alley, L. Vastine Stabler, Jr., and Lee E. Bains, Jr., Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, Ala., for Wheelabrator-Frye, Inc., and Hessco Indus. Supply, Inc.

Ralph D. Gaines and Sidney Hardy, Gaines, Cleckler, Robbins & Goodrich, P.C., Talladega, Ala., for Fred Z. Hester.

MEMORANDUM OPINION

GUIN, District Judge.

This is an action under the Sherman Act, 15 U.S.C. §§ 1 et seq., with a pendent state claim for unfair competition.

At the close of the plaintiff's case on the thirteenth day of trial, the defendants, Wheelabrator-Frye, Inc., HESSCO Industrial Supply, Inc., and Fred Z. Hester, moved for a directed verdict. During the hearing on the motion for directed verdict, defendants made an oral motion...

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