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STATE OF COLO. v. WESTERN PAVING CONST. CO.

Nos. 86-1363, 86-1420.

833 F.2d 867 (1987)

STATE OF COLORADO ex rel. COLORADO ATTORNEY GENERAL, Duane Woodard, Plaintiff-Appellant and Cross-Appellee, v. WESTERN PAVING CONSTRUCTION CO., Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Granted December 31, 1987.

Attorney(s) appearing for the Case

David S. Harmon, Asst. Atty. Gen., Antitrust Section (Thomas P. McMahon, First Asst. Atty. Gen., Chief, Antitrust Section, Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., and Richard H. Forman, Sol. Gen., with him on the briefs), for plaintiff-appellant and cross-appellee.

John Bodner, Jr., Howrey & Simon, Washington, D.C. (Marcia Press Kaplan of Howrey & Simon, Washington, D.C., and B. Lawrence Theis of Walters & Theis, Denver, Colo., with him on the brief), for defendant-appellee and cross-appellant.

Before McKAY, SEYMOUR and ANDERSON, Circuit Judges.

McKAY, Circuit Judge.

On July 19, 1984, plaintiff, State of Colorado, filed a private antitrust claim under section one of the Sherman Antitrust Act, 15 U.S.C. § 1 (1982), against defendant, Western Paving Construction Company. Plaintiff accuses defendant of engaging in a conspiracy to rig bids on Colorado highway construction projects from "as early as January of 1971" and extending "at least to some time in 1978." Amended Complaint, record, vol. 1, doc. 2,...

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