DUNNIVANT v. BI-STATE AUTO PARTS

No. 87-7652.

851 F.2d 1575 (1988)

Sam DUNNIVANT, d/b/a Sammy's Auto Parts, Plaintiff-Appellant, v. BI-STATE AUTO PARTS; Ardmore Parts; Mid-State Distributing Company; Don's Foreign Auto Electric; Parts Industry Corporation; Parts Distributors Warehouse, Inc., Auto Electric Service of Huntsville, Inc., Harris Welding Supply; Billy Harris, Individually; and Paul Spence, individually and as a partner d/b/a Ardmore Parts, and W.C. Butler and Shirley Butler, individually and as partners d/b/a Harris Welding Supply; Mid-State Automotive Distributors, Inc., and S & S Parts Distributors Warehouse, Inc., Thomas W. Harris and Doyle Posey, individually and d/b/a Bi-State Auto Parts, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 15, 1988.


Attorney(s) appearing for the Case

Charles A. Dauphin, Kearney Dee Hutsler, Baxley, Dillard & Dauphin, Birmingham, Ala., for plaintiff-appellant.

L. Tennent Lee, III, Cleary, Lee, Morris, Smith, Evans & Rowe, P.C., Huntsville, Ala., for Harris Welding Supply.

Thad G. Long, Bradley, Arant, Rose & White, Michael J. Brandt, Birmingham, Ala., for Auto Elec. Service.

Barry A. Ragsdale, Sirote, Permutt, McDermott, Slepian, Friend, Friedman, Held & Apolinsky, P.C., James A. Harris, Jr., Birmingham, Ala., for Parts, Inc.

James Francis, Decatur, Ala., for Harris, Posey and Bi-State Auto Parts.

John McQuiston, II, Goodman, Glazer, Grenner, Schneider & McQuiston, Memphis, Tenn., for S & S Auto Parts, Inc.

Ernest L. Potter, Huntsville, Ala., for Paul Spence and Ardmore Parts.

Before HATCHETT and COX, Circuit Judges, and GIBSON, Senior Circuit Judge.


HATCHETT, Circuit Judge:

In this Sherman Act antitrust case, we apply the teachings of Helicopter Support Systems v. Hughes Helicopter, 818 F.2d 1530 (11th Cir.1987) to affirm the district court's ruling that no violation of the Sherman Act occurred as a result of the proof developed in this case.

FACTS

In October, 1982, Sam Dunnivant, the appellant, opened an automotive parts store (Sammy's Auto Parts) in...

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