CENTURY OIL TOOL, INC. v. PRODUCTION SPECIALTIES, INC.

No. 82-4514.

737 F.2d 1316 (1984)

CENTURY OIL TOOL, INC. and Jerry Raggio, Plaintiffs-Appellants, v. PRODUCTION SPECIALTIES, INC., Gerald Hebert and Gas Lift Supply, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 3, 1984.


Attorney(s) appearing for the Case

Guy E. Matthews, Houston, Tex., for plaintiffs-appellants.

Bean & Rush, Ernest L. Parker, Lafayette, La., for Production Specialties and Hebert.

Before REAVLEY, RANDALL and HIGGINBOTHAM, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

In a private treble damage suit asserting only a violation of Section 1 of the Sherman Act, the district court isolated for trial the question of whether two corporations under common ownership and control were a "single entity" or sufficiently independent to furnish the required plurality of actors. The jury was charged to consider enumerated signals of independence and found that the two companies were independent. Judgment...

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