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MONAHAN'S MARINE, INC. v. BOSTON WHALER, INC.

No. 88-1375.

866 F.2d 525 (1989)

MONAHAN'S MARINE, INC., Plaintiff, Appellant, v. BOSTON WHALER, INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 3, 1989.

As Modified on Denial of Rehearing March 13, 1989.

Attorney(s) appearing for the Case

Stephen M. Trattner, Washington, D.C., with whom Robert D. Loventhal, Michael R. Hafitz and Loventhal & Hafitz, Braintree, Mass., were on brief, for appellant.

William F. Lee with whom Thomas N. O'Connor, Jane E. Serene and Hale and Dorr, Boston, Mass., were on brief, for appellees Boston Whaler, Inc., David R. Loveless and Perry Connolly.

Lauren E. Duca with whom William A. Zucker and Gadsby & Hannah, Boston, Mass., were on brief, for appellee Port Marine Center, Inc.

Before BREYER and SELYA, Circuit Judges, and CAFFREY, Senior District Judge.

BREYER, Circuit Judge.

Monahan's Marine, Inc. (hereinafter "Monahan's"), a Massachusetts boat dealer, says that Boston Whaler, Inc. (hereinafter "Whaler"), a Massachusetts boat builder, sold some of its boats to competing Massachusetts dealers at lower prices and on better terms. Monahan's sued Whaler, two of its officers, and two competing dealers, claiming that this "discrimination" violated the Sherman Act, 15 U.S.C. § 1 (1982). The district court granted...

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