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WESTMAN COM'N CO. v. HOBART INTERN., INC.

Nos. 83-1678, 83-1801.

796 F.2d 1216 (1986)

WESTMAN COMMISSION COMPANY, Plaintiff-Appellee, Cross-Appellant, v. HOBART INTERNATIONAL, INC., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

June 25, 1986.

Attorney(s) appearing for the Case

George F. Karch, Jr., of Thompson, Hine & Flory, Cleveland, Ohio (Thomas J. Collin, of Thompson, Hine & Flory, Cleveland, Ohio, James E. Hautzinger and Robert E. Youle, of Sherman & Howard, Denver, Colo., with him on briefs), for defendant-appellant.

Kenneth L. Starr, of Holmes & Starr, Denver, Colo. (Sidney W. DeLong, of Holmes & Starr, Denver, Colo., and Michael J. Abramovitz, of Drexler, Wald & Abramovitz, Denver, Colo., with him on briefs), for plaintiff-appellee.

Before McKAY and SETH, Circuit Judges, and RUSSELL, District Judge.

McKAY, Circuit Judge.

This is an antitrust case based on the refusal of a manufacturer to grant a distributorship. The defendant, Hobart International Corporation, manufactures one of approximately fifty-three separate lines of kitchen equipment sold by both the plaintiff, Westman Commission Company, and Nobel, Inc., another kitchen equipment distributor in the Denver area. The trial court described Hobart's products as...

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