HUFSMITH v. WEAVER

Nos. 86-1960, 86-1978.

817 F.2d 455 (1987)

George HUFSMITH, Razorback Ready Mix Concrete Co., Inc., Appellant, v. Charles T. WEAVER, Individually and in his capacity as President of L & S Concrete Co.; Webco, Inc.; Julian Gilliam, Individually and in his capacity as President of Gilliam Brothers, Inc.; Gilliam Brothers, Inc.; Ellen Case, Individually and in her capacity as President of Case Concrete Co.; Case Concrete Company; Larry Rogers, Individually and as a member of the Pulaski Co. Quorum Court; W.W. Whipple, Individually and in his capacity as a member of the Pulaski Co. Quorum Court; Willandre Dean, Individually and as a member of the Pulaski Co. Quorum Court, Appellees. George HUFSMITH, Razorback Ready Mix Concrete Co., Inc., Appellee, v. Charles T. WEAVER, Individually and in his capacity as President of L & S Concrete Co.; Webco, Inc.; Julian Gilliam, Individually and in his capacity as President of Gilliam Brothers, Inc.; Gilliam Brothers, Inc., Appellants. Ellen Case, Individually and in her capacity as President of Case Concrete Co.; Case Concrete Company; Larry Rogers, Individually and in his capacity as a member of the Pulaski Co. Quorum Court; Willandre Dean, Individually and as a member of the Pulaski Co. Quorum Court.

United States Court of Appeals, Eighth Circuit.

Decided April 29, 1987.


Attorney(s) appearing for the Case

Samuel A. Perroni, Little Rock, Ark., for appellant.

Steven Napper, Little Rock, Ark., for appellee.

Before ROSS, BOWMAN, and MAGILL, Circuit Judges.


MAGILL, Circuit Judge.

This is the second trip that Razorback Ready Mix Concrete Company, Inc. ("Razorback") and defendants-appellees, competitors of Razorback, have made to this court. In Razorback Ready Mix Concrete Co. v. Weaver, 761 F.2d 484 (8th Cir.1985) ("Razorback I"), we held as a matter of law, as to Razorback's Sherman Act claim, that the "sham exception" to the Noerr-Pennington doctrine was inapplicable...

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