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DIMIDOWICH v. BELL & HOWELL

No. 84-1995.

810 F.2d 1517 (1987)

John M. DIMIDOWICH, dba Micro Image, Plaintiff-Appellant, v. BELL & HOWELL, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

February 25, 1987.

Attorney(s) appearing for the Case

Robert F. Koehler, Jr., Sacramento, Cal., for plaintiff-appellant.

McCutchen, Doyle, Brown & Enersen, John R. Reese, San Francisco, Cal., for defendant-appellee.

Before FLETCHER, BOOCHEVER and NORRIS, Circuit Judges.

ORDER

Appellant's petition for rehearing is denied.

The opinion, filed November 6, 1986, 803 F.2d 1473 is modified as set forth following.

Insert on page 1478 second column line 17 of 803 F.2d before Nonetheless: "It will thus be rare for a court to infer a vertical combination solely from a business's unilateral refusal to deal with distributors or customers who do not comply with certain conditions."

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