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JACK WALTERS & SONS CORP. v. MORTON BLDG., INC.

No. 83-2300.

737 F.2d 698 (1984)

JACK WALTERS & SONS CORP., Plaintiff-Appellant, v. MORTON BUILDING, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 22, 1984.

Attorney(s) appearing for the Case

John S. Skilton, Foley & Lardner, Milwaukee, Wis., for plaintiff-appellant.

Richard T. O'Neill, Michael, Best & Friedrich, Milwaukee, Wis., for defendant-appellee.

Before ESCHBACH and POSNER, Circuit Judges, and SWYGERT, Senior Circuit Judge.

POSNER, Circuit Judge.

This antitrust suit under section 1 of the Sherman Act, 15 U.S.C. § 1, pits a building-materials dealer, Walters, against a manufacturer of prefabricated farm buildings, Morton. The complaint, filed in 1978, alleges that Morton tied building components to its trademark, assigned its franchised dealers (one of whom was Walters) exclusive sales territories, limited the prices the dealers could charge consumers, and eventually took over the...

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