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GULFSTREAM III ASSOCIATES v. GULFSTREAM AEROSPACE CORP.

Nos. 91-5932, 91-5965.

995 F.2d 425 (1993)

GULFSTREAM III ASSOCIATES, INC., Gulfstream IV Associates, Inc. v. GULFSTREAM AEROSPACE CORPORATION, a Delaware Corp.; Gulfstream Aerospace Corporation, a Georgia Corp.; Gulfstream American Corporation; Atlantic Aviation Corporation; Cessna Aircraft Company; Gates Learjet Corporation; British Aerospace, Inc.; Canadair Challenger, Inc.; Mitsubishi Aircraft International Inc. Cessna Aircraft Company Appellant in No. 91-5932. Gulfstream III Associates Inc., Gulfstream IV Associates, Inc., Appellants in No. 91-5965.

United States Court of Appeals, Third Circuit.

Decided May 18, 1993.

Attorney(s) appearing for the Case

Arthur R. Schmauder (argued), Raymond M. Tierney, Jr., Francis B. Sheehan, Sheila G. Gruber, Shanley & Fisher, P.C., Morristown, NJ, for Cessna Aircraft Co., appellant in No. 91-5932, appellee in No. 91-5965.

Joanne Zack (argued), Harold E. Kohn, Robert J. LaRocca, Deborah A. Sottosanti, Kohn, Nast & Graf, P.C., Philadelphia, PA, Michael S. Waters, Carpenter, Bennett & Morrissey, Newark, NJ, for Gulfstream III Associates, and Gulfstream IV Associates, appellants in No. 91-5965, appellees in No. 91-5932.

Before: SLOVITER, Chief Judge, GREENBERG and SEITZ, Circuit Judges.

OPINION OF THE COURT Except as to Part II(A)(1)(c)

SEITZ, Circuit Judge.

Gulfstream III Associates, Inc. ("plaintiff'), instituted this antitrust action against seven manufacturers of business jet aircraft. It charged a horizontal price-fixing conspiracy among these manufacturers to fix, raise and stabilize the prices of new business jets in the United States, including those plaintiff agreed to purchase.

Six of the manufacturers settled. The seventh...

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