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HAMMES v. AAMCO TRANSMISSIONS, INC.

No. 93-3884.

33 F.3d 774 (1994)

Joseph W. HAMMES, Trustee of the Estate in Bankruptcy of Bonnie J. Cooksey and Claude W. Cooksey; and Cooksey AAMCO, Incorporated, Plaintiffs-Appellants, v. AAMCO TRANSMISSIONS, INCORPORATED; Indianapolis, Indiana, AAMCO Dealers' Advertising Pool; Marc Brittner; et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 24, 1994.

Rehearing and Suggestion for Rehearing Denied October 20, 1994.

Attorney(s) appearing for the Case

Philip A. Whistler (argued), Curtis W. McCauley, Ice, Miller, Donadio & Ryan, Indianapolis, IN, for plaintiff-appellant.

Abraham C. Reich (argued), Fox, Rothschild, O'Brien & Frankel, Philadelphia, PA, Richard J. Darko, Susan P. Stuart, Lowe, Gray, Steele & Hoffman, Indianapolis, IN, Kevin A. Norris, AAMCO Transmissions, Inc., Corp. Counsel, Bala Cynwyd, PA, for AAMCO Transmissions, Inc.

Bernard L. Pylitt, Jeffrey A. Hearn, Katzman, Katzman & Pylitt, Indianapolis, IN, for Indianapolis, Indiana, AAMCO Dealers' Advertising Pool, Marc Brittner, and Tom Schroeder, Darryl Dieg.

John A. Kitley, Jr., Beech Grove, IN, for Chuck Kellermeyer.

Before POSNER, Chief Judge, and CUDAHY and ROVNER, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied October 20, 1994.

POSNER, Chief Judge.

The plaintiffs appeal from a judgment that dismissed their antitrust suit on the surprising ground that the complaint had failed adequately to allege that the defendants' violations had affected interstate commerce. The defendants defend the judgment on other grounds as well, so we have a number of issues to resolve; but the most important is the issue of commerce...

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