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TRANS SPORT, INC. v. STARTER SPORTSWEAR, INC.

No. 810, Docket 91-7915.

964 F.2d 186 (1992)

TRANS SPORT, INC., Plaintiff-Appellant, v. STARTER SPORTSWEAR, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 20, 1992.

Attorney(s) appearing for the Case

Peter H. Bouman, Richard W. Mertens, Binghamton, N.Y. (Coughlin & Gerhart) for plaintiff-appellant Trans Sport, Inc.

Kenneth A. Payment, Carol L. O'Keefe, Rochester, N.Y. (Harter, Secrest & Emery) for defendant-appellee Starter Sportswear, Inc.

Before NEWMAN and KEARSE, Circuit Judges, and MARSHALL, Associate Justice Retired.

MARSHALL, Associate Justice Retired:

In this case, we review a district court's grant of summary judgment awarded to a manufacturer charged with violating § 2 of the Sherman Act, 15 U.S.C. § 2.2 775 F.Supp. 536. The question presented is whether a manufacturer may, consistent with federal antitrust laws, impose restraints on, and refuse to deal with, an authorized retailer that sells the...

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