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CINTECH INDUS. COATINGS v. BENNETT INDUSTRIES

No. 94-4115.

85 F.3d 1198 (1996)

CINTECH INDUSTRIAL COATINGS, INC.; General Polymers Corporation; Superior Label Systems, Inc.; Sentry Paint Technologies, Inc.; PMC, Inc.; Individually and on Behalf of all Others Similarly Situated, Plaintiffs-Appellees, v. BENNETT INDUSTRIES, INC., et al., Defendants, Central Can Company, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 11, 1996.

Attorney(s) appearing for the Case

Richard L. Creighton, Jr. (briefed), Louis Francis Gilligan, Keating, Muething & Klekamp, Cincinnati, OH, for Plaintiffs-Appellees Cintech Indus. Coatings, Inc., General Polymers Corp., Superior Label Systems, Inc., Sentry Paint Technologies, Inc.

Richard L. Creighton, Jr., Louis Francis Gilligan, Keating, Muething & Klekamp, Cincinnati, OH, Richard A. Lockridge (argued), Schatz, Paquin, Lockridge, Grindal & Holstein, Minneapolis, MN, for Plaintiff-Appellee PMC, Inc.

Patrick F. Solon, Mark Crane (argued), Mary Kay McCalla (briefed), Hopkins & Sutter, Chicago, IL, for Defendant-Appellant Cent. Can Co.

Before: MARTIN, GUY, and RYAN, Circuit Judges.

RALPH B. GUY, Jr., Circuit Judge, delivered the opinion of the court, in which BOYCE F. MARTIN, Jr., Circuit Judge, joined. RYAN, Circuit Judge (pp. 1203-1204), delivered a separate dissenting opinion.

RALPH B. GUY, Jr., Circuit Judge.

Defendant, Central Can Company, seeks to enforce a conditional "most favored nation" clause in its settlement agreement with plaintiffs in this antitrust action. Under that clause, plaintiffs agreed not to settle their claims...

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