L.A. DRAPER & SON, INC. v. WHEELABRATOR-FRYE, INC.

No. 85-7658.

813 F.2d 332 (1987)

L.A. DRAPER & SON, INC., Plaintiff-Appellant. v. WHEELABRATOR-FRYE, INC., a corporation; Hessco Industrial Supply, Inc., a corporation; Fred Z. Hester, an individual, Joseph E. O'Callaghan, an individual, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 27, 1987.


Attorney(s) appearing for the Case

Thad G. Long, Bradley, Arant, Rose & White, Joseph B. Mays, Jr., Jere F. White, Jr., Birmingham, Ala., for plaintiff-appellant.

L. Vastine Stabler, Jr., Cabaniss, Johnston, Gardner, Dumas & O'Neal, L. Murray Alley, Birmingham, Ala., for Wheelabrator-Frye, Inc. and Hessco.

Ralph D. Gaines, Jr., Gaines & Cleckler, P.C., Charlie P. Gaines, Talledega, Ala., for Hester.

Before HILL and HATCHETT, Circuit Judges and THOMAS, Senior District Judge.


HILL, Circuit Judge:

FACTS

This case has a rather complicated procedural history. The original action began in district court in Alabama. Appellant L.A. Draper & Sons, Inc. ("Draper"), alleged a violation of the Sherman Act, and included a state claim charging that appellee's actions constituted unfair business practices in violation of Alabama law. After Draper had presented its case at trial, the district court granted a directed verdict dismissing...

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