AXIS, S.P.A. v. MICAFIL, INC.

Nos. 88-3113, 88-3245.

870 F.2d 1105 (1989)

AXIS, S.p.A., Plaintiff-Appellant, v. MICAFIL, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 24, 1989.


Attorney(s) appearing for the Case

Stanley M. Fisher, Walter M. Bates, Arter & Hadden, Cleveland, Ohio, William Rand, David H. Marks (argued), Robert E. Williams, New York City, for plaintiff-appellant.

Richard E. Guster, Roetzel & Andress, Akron, Ohio, Michael J. Levin (argued), Boyle, Vogeler & Haimes, New York City, for defendant-appellee.

Before WELLFORD, Circuit Judge, and PECK and LIVELY, Senior Circuit Judges.


LIVELY, Senior Circuit Judge.

This is an appeal from dismissal of an antitrust action pursuant to Fed.R.Civ.P. 12(b)(6), for failure to state a claim upon which relief can be granted, 681 F.Supp. 1271. The question for decision is whether the injury claimed by the plaintiff in its complaint constitutes an "antitrust injury," a requirement for recovery of treble damages under § 4 of the Clayton Act, 15 U.S.C. § 15, and...

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