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CALIFORNIA GLAZED PRODUCTS v. BURNS & RUSSELL CO.

Nos. 82-4129, 82-4135.

708 F.2d 1423 (1983)

CALIFORNIA GLAZED PRODUCTS, INC., a California corporation, Plaintiff-Appellant/Cross Appellee, v. The BURNS AND RUSSELL COMPANY OF BALTIMORE CITY, a Maryland corporation, Defendant-Appellee/Cross Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 22, 1983.

Attorney(s) appearing for the Case

Richard Haas, Lasky, Haas, Cohler & Munter, San Francisco, Cal., for plaintiff-appellant/cross-appellee.

Lawrence Alioto, Alioto & Alioto, San Francisco, Cal., for defendant-appellee/cross-appellant.

Before WISDOM , Senior Circuit Judge, and SKOPIL and FERGUSON, Circuit Judges.

WISDOM, Senior Circuit Judge:

This appeal presents the issue whether a trademark licensing agreement requiring California Glazed Products Co. ("CGP") to purchase from the Burns & Russell Company ("B & R") all the ingredients needed to make finished masonry blocks constitutes an unlawful tying arrangement in violation of Section 1 of the Sherman Antitrust Act, 15 U.S.C. § 1 (1976).1 The jury found that an unlawful tying arrangement...

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