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M & H TIRE CO. v. HOOSIER RACING TIRE CORP.

No. 83-1379.

733 F.2d 973 (1984)

M & H TIRE COMPANY, INC., Plaintiff, Appellee, v. HOOSIER RACING TIRE CORPORATION, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided May 3, 1984.

Attorney(s) appearing for the Case

John R. Hally, P.C., Boston, Mass., with whom William H. Baker, Neil P. Motenko, and Nutter, McClennen & Fish, Boston, Mass., were on brief, for appellants.

William F. Baxter, Asst. Atty. Gen., Wayne D. Collins, Deputy Asst. Atty. Gen., Barry Grossman, Atty., Dept. of Justice, and William J. Roberts, Atty., Dept. of Justice, Washington, D.C., on brief for the United States of America, amicus curiae.

Timothy J. Dacey, with whom Gael Mahony, Richard S. Boskey, and Hill & Barlow, Boston, Mass., were on brief, for appellee.

Before CAMPBELL, Chief Judge, ROSENN, Senior Circuit Judge, and BOWNES, Circuit Judge.

LEVIN H. CAMPBELL, Chief Judge.

This appeal arises from a determination by the district court that Hoosier Racing Tire Corporation ("Hoosier"), acting in concert with four race tracks and several driving clubs,1 violated Section 1 of the Sherman Act. M & H Tire Co. v. Hoosier Racing Tire Corp., 560 F.Supp. 591 (D.Mass.1983). We reverse. The facts are set forth extensively in that opinion...

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