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CATLIN v. WASHINGTON ENERGY CO.

No. 85-3570.

791 F.2d 1343 (1986)

Lawrence Clare CATLIN, d/b/a Heatsavers of Puget Sound, and James C. Fry, James A. Fry, Plaintiffs-Appellants, v. WASHINGTON ENERGY COMPANY, a Washington corporation; Washington Natural Gas Co., a Wholly Owned Subsidiary of Washington Energy Company; Thermal Energy, Inc., a Wholly Owned Subsidiary of Washington Energy Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 13, 1986.

Attorney(s) appearing for the Case

Katherine Koehler, Lopez & Ackerman, Seattle, Wash., for plaintiffs-appellants.

Thomas C. Armitage, Frank Birkholz, Cartano, Botzer, Larson & Birkholz, Seattle, Wash., for defendants-appellees.

Before WRIGHT, TANG and REINHARDT, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

In this case we are asked to decide whether the advertising or sale of consumer products by a state-regulated natural gas distribution monopoly violates the Sherman Act or Washington antitrust law, based on a theory of "monopoly leveraging." The district court found no antitrust violations, and we affirm.

FACTS AND PROCEEDINGS BELOW

Lawrence Catlin, James C. Fry and James A. Fry, appellants, were in the business of...

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