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BLACK GOLD, LTD. v. ROCKWOOL INDUSTRIES, INC.

Nos. 80-2098, 80-2143, 82-1176 and 82-1177.

732 F.2d 779 (1984)

BLACK GOLD, LTD., a Colorado corporation, Plaintiff-Appellee and Cross-Appellant, v. ROCKWOOL INDUSTRIES, INC., a Delaware corporation, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

April 18, 1984.

Attorney(s) appearing for the Case

John W. Madden, III and Kenneth R. Bennington of Brownstein Hyatt Farber & Madden, and Thomas D. Smart, Jr. of Smart, DeFurio, Brooks & Eklund, Denver, Colo., for Black Gold, Ltd.

Jeffrey L. Smith of Cohen, Brame & Smith, Denver, Colo.; John G. Wigmore and Richard C. Neal of Lawler, Felix & Hall, Los Angeles, Cal., for Rockwool Industries, Inc.

Before DOYLE, McKAY and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

Rockwool has petitioned the panel for rehearing in Black Gold, Ltd. v. Rockwool Industries, Inc., 729 F.2d 676 (10th Cir.1984), urging us to reconsider our determination that the record contains sufficient evidence of a tying combination or conspiracy to withstand a motion for directed verdict. Rockwool contends that the Supreme Court case of Monsanto Co. v. Spray-Rite Service Corp., ___ U.S....

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