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ADAPTIVE POWER SOLUTIONS v. HUGHES MISSILE SYSTEMS

No. 97-55010.

141 F.3d 947 (1998)

ADAPTIVE POWER SOLUTIONS, LLC, a California limited liability corporation, Plaintiff-counter-defendant-Appellant, v. HUGHES MISSILE SYSTEMS COMPANY, a Delaware corporation; Defendant-Appellee, Raytheon Company, a Delaware corporation, Defendant-counter-claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 15, 1998.

Attorney(s) appearing for the Case

James K.T. Hunter, Los Angeles, California, for plaintiff-counter-defendant-appellant Adaptive Power.

Rodney J. Stone, David A. Battaglia, Gibson, Dunn & Crutcher LLP, Los Angeles, California, for defendant-appellee Raytheon Company.

Rodney J. Stone, David A. Battaglia, Gibson, Dunn & Crutcher LLP, Los Angeles, California, for defendant counter-claimant-appellee Hughes Missile Systems Co.

Before: BRUNETTI, THOMPSON and T.G. NELSON, Circuit Judges.

OVERVIEW

THOMPSON, Circuit Judge:

Adaptive Power Solutions, LLC ("APS"), a defense industry subcontractor, sued Hughes Missile Systems Company ("Hughes") and Raytheon Company (collectively the "defendants") for allegedly violating section 1 of the Sherman Act and related state law claims. APS alleged that the defendants joined in a concerted refusal to deal with APS to punish APS for attempting to raise prices, which drove APS out of business. The district...

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