RAZORBACK READY MIX CONCRETE CO., INC. v. WEAVER

Nos. 84-1324, 84-1325.

761 F.2d 484 (1985)

RAZORBACK READY MIX CONCRETE COMPANY, INC., Appellee, v. Charles T. WEAVER, Individually and in his capacity as President of L & S Concrete Company, L & S Concrete Company; Webco, Inc., Julian Gilliam, Individually and in his capacity as President of Gilliam Brothers, Inc.; Gilliam Brothers, Inc., Appellants, Ellen Case, Individually and in her capacity as President of Case Concrete Company and Case Concrete Company. RAZORBACK READY MIX CONCRETE COMPANY, INC., Appellee, v. Charles T. WEAVER, Individually and in his capacity as President of L & S Concrete Co.; Webco, Inc., Appellants, Julian Gilliam, Individually and in his capacity as President of Gilliam Brothers, Inc.; Gilliam Brothers, Inc.; Ellen Case, Individually and in her capacity as President of Case Concrete Co.; Case Concrete Company, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided May 8, 1985.


Attorney(s) appearing for the Case

Steven Napper, Little Rock, Ark., for appellants.

Samuel A. Perroni, Little Rock, Ark., for appellee.

Before BRIGHT, McMILLIAN and BOWMAN, Circuit Judges.


BOWMAN, Circuit Judge.

The defendants in this action have taken an interlocutory appeal under 28 U.S.C. § 1292(b) from an order of the District Court denying their motions to dismiss or for summary judgment. The complaint alleges a conspiracy in violation of the Sherman Act, 15 U.S.C. § 1, et seq., and also sets forth a pendent common law claim alleging a conspiracy to interfere with plaintiff's contractual rights and business expectancies.

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