No. 95-6234.

158 F.3d 548 (1998)

CITY OF TUSCALOOSA; Municipal Utilities Board of Albertville, et al., Plaintiffs-Appellants, Auburn Water Works Board; Jasper Water Works and Sewer Board, Inc., et al., Plaintiffs-Intervenors-Appellants, v. HARCROS CHEMICALS, INC.; Jones Chemicals, Inc., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 23, 1998.

Attorney(s) appearing for the Case

Julia Boaz-Cooper, L. Vastine Stabler, Walston, Stabler, Wells, Anderson & Bains, Birmingham, AL, T. Dudley Perry, Montgomery, AL, John C. Hall, Clarence M. Small, Deborah Alley Smith, Rives & Peterson, Birmingham, AL, for Plaintiffs-Appellants.

John M. Johnson, Wynn M. Shuford, Lightfoot, Franklin, White & Lucas, Birmingham, AL, for Plaintiffs-Intervenors-Appellants.

Patricia A. Conners, Asst. Atty. Gen., Tallahassee, FL, for Amicus Curiae States of FL, and others.

Stanley A. Cash, Huie, Fernambuco & Stewart, Birmingham, AL, David E. Everson, Jr., Stinson, Mag & Fizzell, P.C., Kansas City, MO, for Harcros Chemicals.

James C. Barton, Robert S. Vance, Jr., Johnston, Barton, Proctor, Swedlaw & Naff, Birmingham, AL, for Jones Chemical.

J. Mark White, Birmingham, AL, Joel Summer, Van Waters & Rogers, Kirkland, WA, Keith E. Rounsaville, Trenam, Kemker, Scharf, Barkin, Frye & O'Neill, P.A., Tampa, FL, for Van Waters & Rogers.

Tad G. Long, Bradley, Arant, Rose & White, Birmingham, AL, for Industrial Chemicals.

Andrew P. Campbell, Leitman, Siegal, Payne & Campbell, Birmingham, AL, for P.B. & S. Chemical.

Charles David Deep, Deep & Womack, Henderson, KY, for P.B. & S. Chemical.

Before TJOFLAT and COX, Circuit Judges, and WELLFORD, Senior Circuit Judge.

TJOFLAT, Circuit Judge:

In the instant case, thirty-nine Alabama municipal entities brought suit in the United States District Court for the Northern District of Alabama, alleging that five defendant chemical companies engaged in a conspiracy to fix prices for repackaged chlorine in Alabama in violation of both federal and state antitrust law. The plaintiffs also asserted claims for fraud under Alabama law. In a memorandum opinion, the district court ruled much of...

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