SEATTLE RENDERING WORKS, INC. v. DARLING-DELAWARE CO.

No. 51145-4.

104 Wn.2d 15 (1985)

701 P.2d 502

SEATTLE RENDERING WORKS, INC., ET AL, Respondents, v. DARLING-DELAWARE COMPANY, INC., Appellant.

The Supreme Court of Washington, En Banc.

June 6, 1985.


Attorney(s) appearing for the Case

Kafer, Good, St. Mary & Mitchell and Randall L. St. Mary (David S. Acker and Winston & Stawn, of counsel), for appellant.

Reaugh & Prescott, by Richard Oettinger, and Gordon, Thomas, Honeywell, Malanca, Peterson & O'Hern, by Mark Honeywell, for respondents.


DORE, J.

We hold that a judicial opinion of a trial judge not formalized by judgment which is predicated upon a statute which was repealed in the interim period between the opinion and judgment is void. We further hold that a plaintiff in a suit for below-cost pricing must prove that the defendant had a substantial share of the market and had set his retail price below his average variable cost in order to establish price fixing. We reverse and dismiss plaintiffs...

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