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VIRGINIA VERMICULITE v. HISTORIC GREEN SPRINGS

Nos. 01-1850, 01-1925.

307 F.3d 277 (2002)

VIRGINIA VERMICULITE, LIMITED, Plaintiff-Appellant, v. The HISTORIC GREEN SPRINGS, INCORPORATED, Defendant-Appellee, and W.R. Grace & Company — Connecticut, Defendant. National Trust For Historic Preservation; The Land Trust Alliance, Amici Curiae. Virginia Vermiculite, Limited, Plaintiff-Appellee, v. The Historic Green Springs, Incorporated, Defendant-Appellant, and W.R. Grace & Company — Connecticut, Defendant. National Trust for Historic Preservation; The Land Trust Alliance, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided: October 4, 2002.

Attorney(s) appearing for the Case

ARGUED: Einer Richard Elhauge, Cambridge, Massachusetts, for Appellant. Charles Hubert Montange, Seattle, Washington, for Appellee.

ON BRIEF: Brian A. Glasser, Bailey & Glasser, L.L.P., Charleston, West Virginia, for Appellant. Paul W. Edmondson, Vice President & General, Elizabeth S. Merritt, Deputy General, Anita C. Canovas, Assistant General, National Trust for Historic Preservation, Washington, DC, for Amici Curiae.

Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.

Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge WILLIAMS and Judge MICHAEL joined.

OPINION

LUTTIG, Circuit Judge.

Virginia Vermiculite, Limited (VVL) appeals a district court order granting summary judgment to Historic Green Springs, Incorporated (HGSI) on VVL's claim that HGSI and W.R. Grace & Company (Grace) conspired to restrain trade of Louisa County, Virginia, vermiculite mining rights, in violation of section...

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