NORTON TIRE CO., INC. v. TIRE KINGDOM CO., INC.

Nos. 87-5100, 87-5381.

858 F.2d 1533 (1988)

NORTON TIRE COMPANY, INC., a Florida Corporation, Plaintiff-Appellant, v. TIRE KINGDOM COMPANY, INC., a Florida Corporation, Charles Curcio, Jr., Walter Patterson, Derrill DeRamus, Defendants-Appellees. NORTON TIRE CO., INC., a Florida Corporation, Plaintiff-Appellee, v. TIRE KINGDOM COMPANY, INC., a Florida Corporation, Charles P. Curcio, Jr., Walter Patterson, Derrill DeRamus, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

November 1, 1988.


Attorney(s) appearing for the Case

Parker D. Thomson, Sanford L. Bohrer, Thomson, Zeder, Bohrer, Werth & Razook, Miami, Fla., Deanne C. Siemer, Wilmer, Cutler & Pickering, Washington, D.C., for plaintiff-appellant.

Sheridan Weissenborn, Papy, Weissenborn & Papy, Coral Gables, Fla., for defendants-appellees.

David Rees Davies, Hunton & Williams, New York City, for Tire Kingdom.

Before TJOFLAT and HILL, Circuit Judges, and WARD, District judge.


TJOFLAT, Circuit Judge:

I.

Norton Tire Co. (Norton) and Tire Kingdom Co. (Tire Kingdom) are competitors in the retail automobile tire trade. Norton's sales consist primarily of name brand tires made by B.F. Goodrich, Michelin, and Pirelli. Tire Kingdom also carries name brand tires, but it concentrates on selling private brand tires, which have a higher profit margin. Tire Kingdom sets low prices on its name brand tires and advertises these prices extensively...

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