PIERCE v. RAMSEY WINCH CO.

No. 83-1804.

753 F.2d 416 (1985)

George PIERCE and Jeff Pierce, Individually and d/b/a Pierce Sales, a Partnership, Plaintiffs-Appellees, v. RAMSEY WINCH COMPANY, A Foreign Corp., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 20, 1985.


Attorney(s) appearing for the Case

Tom L. Armstrong, Joe M. Fears, Tulsa, Okl., for defendant-appellant.

Gary Dobbs, Jack Banner, Wichita Falls, Tex., for plaintiffs-appellees.

Before GARZA, RANDALL and TATE, Circuit Judges.


RANDALL, Circuit Judge:

A jury determined that the defendant-appellant, a winch manufacturer, violated section one of the Sherman Act when, pursuant to a resale price maintenance conspiracy, it terminated a price-cutting distributor. This appeal from the district court's judgment against the manufacturer for treble damages presents questions with respect to (1) the scope of the trial court's duty to instruct the jury on defensive theories raised by the evidence and...

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