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PORTER TESTING LABORATORY v. BOARD OF REGENTS FOR OKLAHOMA AGRICULTURE AND MECHANICAL COLLEGES

No. 92-6130.

993 F.2d 768 (1993)

PORTER TESTING LABORATORY, a General Partnership comprising Steve Daves and Buddy Ellis, Plaintiff-Appellant, v. BOARD OF REGENTS FOR THE OKLAHOMA AGRICULTURE AND MECHANICAL COLLEGES, a board appointed by the Governor; Douglas Wilson, Executive Secretary of the Board of Regents for Oklahoma Agriculture and Mechanical Colleges; Oklahoma State University, a non-profit educational institution, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 18, 1993.

Attorney(s) appearing for the Case

James M. Little of Little & Morgan, Oklahoma City, OK, for plaintiff-appellant.

Kenneth N. McKinney and Dixie L. Coffey of McKinney, Stringer & Webster, P.C., Oklahoma City, OK, for defendants-appellees.

Before MOORE and BRORBY, Circuit Judges, and VAN BEBBER, District Judge.

BRORBY, Circuit Judge.

Plaintiff-appellant Porter Testing Laboratory (Porter) appeals the district court's grant of summary judgment to defendants based on that court's conclusion that defendants are entitled to the state action exemption from the antitrust laws.1 Because we agree with the district court that defendants are acting under a clearly articulated and affirmatively expressed state policy and that

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