ROESCH, INC. v. STAR COOLER CORP.

No. 81-1562.

712 F.2d 1235 (1983)

ROESCH, INC. and Marketing Division, Inc., Appellants, v. STAR COOLER CORPORATION, a Missouri corporation; Hussmann Refrigeration, Inc.; and Tour Ice Midwest, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 12, 1983.


Attorney(s) appearing for the Case

William J. Travis, argued, St. Louis, Mo., for appellants; Greensfelder, Hemker, Wiese, Gale & Chappelow, St. Louis, Mo., of counsel.

Veryl L. Riddle, Thomas C. Walsh, John Michael Clear, argued, St. Louis, Mo., Byron A. Roche, Burton Halpern, Bridgeton, Mo., for appellees Star Cooler Corp. and Hussmann Refrigeration, Inc.; Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., of counsel.

Barry A. Short, Thomas M. Newmark, argued, Lewis, Rice, Tucker, Allen & Chubb, St. Louis, Mo., for appellee Tour Ice Midwest, Inc.

Before LAY, Chief Judge, and HEANEY, BRIGHT, ROSS, McMILLIAN, ARNOLD, JOHN R. GIBSON and FAGG, Circuit Judges, en banc.


ROSS, Circuit Judge.

Roesch brought this action alleging that defendants, Star Cooler, Hussmann and Tour Ice, violated section one of the Sherman Act. The district court1 directed a verdict in favor of defendants finding insufficient evidence of an antitrust conspiracy. Roesch, Inc. v. Star Cooler Corp., 514 F.Supp. 890 (E.D.Mo.1981). A panel of this court affirmed the district court's judgment...

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