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NAT. MARINE ELECTRONIC DISTR. v. RAYTHEON CO.

Nos. 84-2019, 84-2026.

778 F.2d 190 (1985)

NATIONAL MARINE ELECTRONIC DISTRIBUTORS, INC., a Georgia Corporation, Appellant, v. RAYTHEON COMPANY, a Delaware Corporation, Appellee, and LARRY SMITH ELECTRONICS, INC., a New Jersey Corporation, Defendant, v. WELLINGTON LEISURE PRODUCTS, INC., a Georgia Corporation, Third-Party Defendant. NATIONAL MARINE ELECTRONIC DISTRIBUTORS, INC., a Georgia Corporation, Plaintiff, v. RAYTHEON COMPANY, a Delaware Corporation, Appellee, and LARRY SMITH ELECTRONICS, INC., a New Jersey Corporation, Defendant, v. WELLINGTON LEISURE PRODUCTS, INC., a Georgia Corporation, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 27, 1985.

Rehearing and Rehearing Denied January 6, 1986.

Attorney(s) appearing for the Case

Charles A. Price (Bangert & Price, Washington, D.C., Clinch Heyward Belser; Belser, Baker, Barwick, Ravenel, Toal & Bender, Columbia, S.C., on brief), for appellant.

Stephen Holtman (Robert W. Dibble, Jr., McNair, Glenn, Konduros, Corley, Singletary, Porter & Dibble, Columbia, S.C., on brief), for appellee.

Before WINTER, Chief Judge, PHILLIPS, Circuit Judge, and BUTZNER, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied January 6, 1986.

BUTZNER, Senior Circuit Judge:

National Marine Electronic Distributors, Inc., is a mail order catalog retailer of marine electronic products, including the products of Raytheon Company. National filed this action after Raytheon stopped selling to it, alleging that Raytheon's decision was the result of a conspiracy with its dealers in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1. In its...

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