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ADJUSTERS REPLACE-A-CAR v. AGENCY RENT-A-CAR, INC.

No. 83-1074.

735 F.2d 884 (1984)

ADJUSTERS REPLACE-A-CAR, INC., Plaintiff-Appellant Cross-Appellee, v. AGENCY RENT-A-CAR, INC., Defendant-Appellee Cross-Appellant. WAKELY & ASSOCIATES, INC., Plaintiff-Appellant Cross-Appellee, v. AGENCY RENT-A-CAR, INC., Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 20, 1984.

Attorney(s) appearing for the Case

McFarland & Tondre, Brice A. Tondre, Houston, Tex., Robert R. Biechlin, Jr., San Antonio, Tex., for plaintiffs-appellants cross-appellees.

Terry S. Bickerton, Deborah D. Williamson, A. Michael Ferrill, Cox & Smith, Inc., San Antonio, Tex., William R. Pakalka, Fulbright & Jaworski, Houston, Tex., for defendant-appellee cross-appellant.

Before JOHNSON, HIGGINBOTHAM, and DAVIS, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 20, 1984.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We review the granting of judgment n.o.v. to the defendant in this private antitrust suit brought by Adjusters Replace-A-Car and Wakely & Associates, two insurance replacement car rental firms, against their rival, Agency Rent-A-Car, Inc. The principal accusation is that Agency employed predatory pricing in the San Antonio and Austin markets as part of an attempt...

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