CONCORD BOAT CORP. v. BRUNSWICK CORP.

Nos. 98-3732, 98-4042.

207 F.3d 1039 (2000)

CONCORD BOAT CORPORATION; Galaxie Boat Works, Inc.; Sea Arrow Marine, Inc.; Mariah Boats, Inc.; Harris Kayot, Inc.; Armada Manufacturing Company, Inc.; Baha Cruisers/FRP Industries, Inc.; Campion Marine, Inc.; Caravelle Boats; KCS International/Cruisers, Inc.; Mirage Holdings, Inc.; Play Time Manufacturing By Ohio Marine Distributor, Inc.; Powerquest Boats, Inc.; Silverton Marine Corporation; Independent Boat Builders, Inc.; WTYS No. 4 Inc., doing business as Thompson Boat Co.; Century Craft Industries, Ltd., formerly known as Vanguard Industries; Avenger Manufacturing; G W Invader; Malibu Boats West; Maverick Boat Company, Inc.; Weeres Industries Corporation; Doral International, Inc.; Albermarle Boats, Inc., Plaintiffs-Appellees, v. BRUNSWICK CORPORATION, a Delaware corporation, Defendant-Appellant, National Association of Manufacturers, Amicus on Behalf of Appellant. Concord Boat Corporation; Galaxie Boat Works, Inc.; Sea Arrow Marine, Inc.; Mariah Boats, Inc.; Harris Kayot, Inc.; Armada Manufacturing Company, Inc.; Baha Cruisers/FRP Industries, Inc.; Campion Marine, Inc.; Caravelle Boats, Inc.; KCS International/Cruisers, Inc.; Mirage Holdings, Inc.; Play Time Manufacturing By Ohio Marine Distributor, Inc.; Powerquest Boats, Inc.; Silverton Marine Corporation; Thompson Boat Company; Independent Boat Builders, Inc.; WTYS No. 4 Inc., doing business as Thompson Boat Company; Century Craft Industries, Ltd., formerly known as Vanguard Industries; Avenger Manufacturing; G W Invader; Malibu Boats West; Maverick Boat Company, Inc.; Weeres Industries Corporation; Doral International, Inc.; Albermarle Boats, Incorporated, Plaintiffs-Appellants, v. Brunswick Corporation, a Delaware corporation, Defendant-Appellee, National Association of Manufacturers, Amicus on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 24, 2000.

Rehearing and Rehearing Denied June 13, 2000.


Attorney(s) appearing for the Case

Stephen M. Shapiro, Chicago, IL, argued (Robert F. Finke, Mark McLaughlin, and Andrew S. Marovitz, Chicago, IL, Thomas C. Walsh, St. Louis, MO, William H. Sutton and James M. Simpson, Jr., Little Rock, AR, on the brief), for appellant.

K. Craig Wildfang, Minneapolis, MN, argued (Brooks F. Poley, Christopher W. Madel, and Steven E. Uhr, Minneapolis, MN, Jerry C. Jones and Amy L. Stewart, Little Rock, AR, on the brief), for appellee.

Before McMILLIAN and MURPHY, Circuit Judges, and BOGUE, District Judge.


Rehearing and Rehearing En Banc Denied June 13, 2000.

DIANA E. MURPHY, Circuit Judge.

A number of boat builders2 brought this antitrust action against stern drive engine manufacturer Brunswick Corporation (Brunswick) for violations of Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2 (1994), and of Section 7 of the Clayton Act, 15 U.S.C. § 18 (1994). Brunswick counterclaimed, arguing that the boat builders...

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