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SMITH MACHINERY CO., INC. v. HESSTON CORP.

No. 87-1597.

878 F.2d 1290 (1989)

SMITH MACHINERY COMPANY, INC., Plaintiff-Appellant, v. HESSTON CORPORATION, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 7, 1989.

Attorney(s) appearing for the Case

Richard C. Minzner (Joel K. Jacobsen also of Rodey, Dickason, Sloan, Akin & Robb, and John P. Eastham, Mary Catherine McCulloch, and James L. Rasmussen of Kemp, Smith, Duncan & Hammond, with him, on the briefs), Albuquerque, N.M., for plaintiff-appellant.

Marianne Woodard (Norman S. Thayer also of Sutin, Thayer & Browne, with her, on the brief), Albuquerque, N.M., for defendant-appellee.

Before HOLLOWAY, Chief Judge, and LOGAN and McWILLIAMS, Circuit Judges.

LOGAN, Circuit Judge.

In this appeal, plaintiff Smith Machinery Corporation (Smith) argues that the district court improperly granted summary judgment against it on claims that Hesston Corporation violated section 1 of the Sherman Act, 15 U.S.C. § 1, and its New Mexico antitrust law counterpart by tying sales of Hesston tractors to sales of other Hesston farm machinery, and improperly dismissed its similar claim under section 3 of the Clayton Act, 15 U.S.C. ...

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