MOTIVE PARTS WAREHOUSE v. FACET ENTERPRISES

No. 82-2131.

774 F.2d 380 (1985)

MOTIVE PARTS WAREHOUSE, Plaintiff-Appellant, v. FACET ENTERPRISES, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 27, 1985.


Attorney(s) appearing for the Case

Robert W. Steele (W. Donald Dresser and Cheryl Browning, with him on briefs), Howrey & Simon, Washington, D.C., for plaintiff-appellant.

Burck Bailey, Fellers, Snider, Blankenship, Bailey & Tippens, Oklahoma City, Okl. (Fraser McAlpine, Andrews & Kurth, Houston, Tex., with him on brief), for defendant-appellee.

Before BARRETT and McKAY, Circuit Judges, and BURCIAGA, District Judge.


BURCIAGA, District Judge.

Facet Enterprises ["Facet"], Appellee — a supplier of, inter alia, P & D brand auto parts and equipment — filed suit against Motive Parts Warehouse ["MPW"], Appellant — a warehouse distributor doing business in the automotive replacement parts aftermarket — to collect on an open account for goods sold. MPW counterclaimed, alleging violations by Facet of Section 1 of the Sherman Act, 15 U.S.C. §...

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