C.A.T. INDUS. DISPOSAL, INC. v. BROWNING-FERRIS INDUSTRIES, INC.

No. 89-1167 Summary Calendar.

884 F.2d 209 (1989)

C.A.T. INDUSTRIAL DISPOSAL, INC. d/b/a A.C.T. I Disposal, Plaintiff-Appellant, v. BROWNING-FERRIS INDUSTRIES, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 22, 1989.


Attorney(s) appearing for the Case

David B. Kultgen, Beard & Kultgen, Waco, Tex., for plaintiff-appellant.

Gerard G. Pecht, J. Rufus Wallingford, A. Frank Koury, William R. Pakalka, Fulbright & Jaworski, Houston, Tex., for defendant-appellee.

Before WILLIAMS, SMITH and DUHE, Circuit Judges.


PER CURIAM:

Appellant C.A.T. Industrial Disposal, Inc. d/b/a A.C.T. I Disposal (hereinafter "ACT I") sued under Section 4 of the Clayton Act, 15 U.S.C. § 15, and Section 2 of the Sherman Act, 15 U.S.C. § 2, for treble damages from defendant-appellee Browning-Ferris, Inc. (hereinafter "BFI").1

Since 1986, BFI has been ACT I's main competitor in the commercial containerized refuse collection business in Corsicana, Texas...

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