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THURMAN INDUSTRIES, INC. v. PAY 'N PAK STORES, INC.

No. 87-4399.

875 F.2d 1369 (1989)

THURMAN INDUSTRIES, INC., Plaintiff-Appellant, v. PAY 'N PAK STORES, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 22, 1989.

Attorney(s) appearing for the Case

Earle J. Hereford, Jr., Culp, Guterson & Grader, Seattle, Wash., for plaintiff-appellant.

Marvin L. Gray, Jr., Davis, Wright & Jones, Seattle, Wash., for defendant-appellee.

Before HUG, NORRIS and THOMPSON, Circuit Judges.

HUG, Circuit Judge:

This case presents multiple antitrust claims arising from defendant's purchasing and marketing practices in its operation of "home center" stores in the Seattle, Washington area. Plaintiff appeals the dismissal by summary judgment of its claims for conspiracy in restraint of trade and actual monopolization under Sherman Act §§ 1 and 2, and the stipulated dismissal of its attempted monopolization claim under Sherman Act § 2 following...

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