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O.K. SAND & GRAVEL, INC. v. MARTIN MARIETTA TECHNOLOGIES, INC.

Nos. 93-1380, 93-1408 and 93-2003.

36 F.3d 565 (1994)

O.K. SAND & GRAVEL, INCORPORATED, Plaintiff-Appellant, Cross-Appellee, v. MARTIN MARIETTA TECHNOLOGIES, INCORPORATED, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 16, 1994.

Attorney(s) appearing for the Case

G. Thomas Blankenship, Blankenship & Robbins, Indianapolis, IN, R. James George, John M. Harmon, G. Michael Lawrence, Robert M. Roller (argued), Michelle B. Bray, Graves, Dougherty, Hearon & Moody, Austin, TX, for plaintiff-appellant.

Donald E. Knebel (argued), Lynn C. Tyler, Barnes & Thornburg, Indianapolis, IN, for defendant-appellee.

Before CUDAHY, EASTERBROOK and KANNE, Circuit Judges.

CUDAHY, Circuit Judge.

Martin Marietta and O.K. Sand & Gravel own competing sand and gravel companies in Indianapolis.1 O.K. Sand operates out of a plant on the south side of Indianapolis; Martin Marietta has plants on both the north and south sides. In 1984, Martin Marietta was running out of sand. At the same time, O.K. Sand needed financial and marketing assistance, so the two companies entered into an agreement whereby Martin Marietta...

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