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MIDWESTERN MACHINERY, INC. v. NORTHWEST AIRLINES

No. 98-1487.

167 F.3d 439 (1999)

MIDWESTERN MACHINERY, INC.; Brian F. Gagan; Sharon Tolbert Glover; Charles M. Koosman; Laurie I. Laner; Jack Reuler; Michael W. McNabb; Nigel Linden, Appellants, v. NORTHWEST AIRLINES, INC., Appellee. State of Delaware; State of Hawaii; State of Iowa; State of Michigan; State of New York; State of North Dakota; State of Ohio; State of South Dakota; State of Utah; State of West Virginia; State of Wisconsin, Amici on behalf of Appellants.

United States Court of Appeals, Eighth Circuit.

Decided February 2, 1999.

Rehearing Denied April 15, 1999.

Attorney(s) appearing for the Case

K. Craig Wildfang, Minneapolis, MN, argued (Christopher W. Madel, Edward M. Glennon, Richard Ihrig, Michael D. Olafson, Mark A. Jacobson, Lewis A. Remele, Jr., Christopher Morris, James W. Rude, Seymour J. Mansfield, Richard J. Fuller and Rodney A. Wilson, on the brief), for Appellants.

Thomas W. Tinkham, Minneapolis, MN, argued (Carol A. Peterson, Donald L. Flexner, James P. Denvir, Luther Zeigler and Parker C. Flose III, on the brief), for Appellee.

Before McMILLIAN, FAGG, and BEAM, Circuit Judges.

BEAM, Circuit Judge.

Midwestern Machinery, Inc., Brian F. Gagan, Sharon Tolbert Glover, Charles M. Koosman, Laurie I. Laner, Jack Reuler, Michael W. McNabb, and Nigel Linden appeal the dismissal of their complaint alleging a violation of section 7 of the Clayton Act. The district court dismissed their complaint under Federal Rule of Civil Procedure 12(b)(6) because it found that a claim under section 7 of the Clayton Act, which prohibits acquisitions of stock or assets...

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