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WESTMAC, INC. v. SMITH

No. 85-1475.

797 F.2d 313 (1986)

WESTMAC, INC., a Michigan corporation, Plaintiff-Appellant, v. Lon SMITH; Individually; Smith Bros. Velte & Co., a Michigan corporation; Smith Bros. Velte & Company, d/b/a Sunfield Farmers Elevator Co.; Bert Post, Ind., Minor Walton Bean Co., a Michigan corporation; Frank E. Bowles, Ind.; Potterville Elevator Co.; Mid-Michigan Farm & Grain Assc., Inc., and all members, stockholders and officers of Mid-Michigan Farm & Grain Association, Inc., Ind., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 30, 1986.

Rehearing and Rehearing Denied September 18, 1986.

Attorney(s) appearing for the Case

Gary P. Schnek, Dan E. Bylenga, Jr., Gregory G. Prasher (argued), Schenk, Boncher & Prasher, Grand Rapids, Mich., for plaintiff-appellant.

Frederick M. Baker, Jr. (argued), Honigman, Miller, Schwartz & Cohn, Richard A. Gilford, Lansing, Mich., Douglas R. Inglis, Charlotte, Mich., for defendants-appellees.

Before MERRITT and WELLFORD, Circuit Judges, and PECK, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied September 18, 1986.

WELLFORD, Circuit Judge.

Plaintiff, Westmac, Inc., has sued the defendants charging antitrust violations. The focus of this appeal concerns defendants' opposition to plaintiff's effort to obtain special tax benefit bond financing of a grain elevator facility in Clinton County, Michigan.1 Plaintiff appeals from a grant of summary judgment to defendants based on a claimed...

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