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ZIDELL EXPLORATIONS, INC. v. CONVAL INTERN., LTD.

Nos. 82-3511, 82-3541.

719 F.2d 1465 (1983)

ZIDELL EXPLORATIONS, INC., an Oregon Corporation, Plaintiff-Appellee, v. CONVAL INTERNATIONAL, LIMITED, a Delaware corporation, the Lunkenheimer Company, a Delaware corporation, Conval Corporation, a New York corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 10, 1983.

Attorney(s) appearing for the Case

Charles F. Adams, Stoel, Rives, Boley, Fraser & Wyse, Portland, Or., for plaintiff-appellee.

Wayne Hilliard, Craig D. Bachman, Spears, Lubersky, Campbell & Bledsoe, Portland, Or., Michael Blechman, Robert B. Bernstein, Kaye, Scholer, Fierman, Hays & Handler, New York City, for defendants-appellants.

Before CHOY and CANBY, Circuit Judges, and MARQUEZ, District Judge.

CHOY, Circuit Judge:

This antitrust and breach of contract suit arose out of the termination by a supplier of one of its distributors. The jury found for the plaintiff distributor and the plaintiff was awarded in excess of $5 million in damages. Defendants appeal, contending that the trial court improperly took from the jury the resolution of certain material issues and gave improper instructions on the issues left for the jury to decide. As we agree with at least...

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