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DeLONG EQUIPMENT CO. v. WASHINGTON MILLS ELECTRO MIN. CORP.

No. 92-8049.

990 F.2d 1186 (1993)

DeLONG EQUIPMENT COMPANY, Plaintiff-Appellant, Cross-Appellee, v. WASHINGTON MILLS ELECTRO MINERALS CORP., f/k/a Washington Mills Abrasive Co., Washington Mills Ceramic Corp., John T. Williams and Peter Williams, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Eleventh Circuit.

May 17, 1993.

Attorney(s) appearing for the Case

William E. Sumner, David A. Webster, Sumner & Hewes, Atlanta, GA, for plaintiff-appellant, cross-appellee.

Paul Webb, Jr., Philip S. Coe, Webb & Daniel, Atlanta, GA, for defendants-appellees, cross-appellants.

Before KRAVITCH, Circuit Judge, GODBOLD and OAKES, Senior Circuit Judges.

OAKES, Senior Circuit Judge:

The critical question presented by this case involves a conspiracy between a manufacturer and a favored distributor. The object of the conspiracy was to raise wholesale prices to other distributors, including the plaintiff, on products to be sold to one large customer. It is of some significance that the wholesale price, as raised, was higher than prevailing retail prices. The antitrust law question is whether this conspiracy was a device...

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