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HORNSBY OIL CO., INC. v. CHAMPION SPARK PLUG CO.

No. 81-2383.

714 F.2d 1384 (1983)

HORNSBY OIL COMPANY, INC., Plaintiff-Appellee Cross-Appellant, v. CHAMPION SPARK PLUG COMPANY, INC., Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 19, 1983.

Attorney(s) appearing for the Case

Rufus W. Oliver, III, N.K. Alexander, Jr., Houston, Tex., Donald F. Melhorn, Toledo, Ohio, for defendant-appellant cross-appellee.

Wayne H. Paris, Houston, Tex., for plaintiff-appellee cross-appellant.

Before GARZA, POLITZ and JOHNSON, Circuit Judges.

POLITZ, Circuit Judge:

Hornsby Oil Company, Inc. (Hornsby) sued Champion Spark Plug Company, Inc. (Champion) under sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2, claiming that Champion unlawfully terminated its distributorship due to its noncompliance with territorial and product restrictions, and monopolized, conspired to monopolize and attempted to monopolize the market in automotive replacement spark plugs. Champion counterclaimed, seeking...

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