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CARE HEATING & COOLING, INC. v. AMERICAN STANDARD, INC.

Nos. 04-4080, 04-4193.

427 F.3d 1008 (2005)

CARE HEATING & COOLING, INC., Plaintiff-Appellant, v. AMERICAN STANDARD, INC., d/b/a/ Trane; and Buckeye Heating & Air Conditioning Co., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 2, 2005.

Attorney(s) appearing for the Case

ON BRIEF: Brian E. Dickerson, James G. Vargo, Maguire & Schneider, Columbus, Ohio, for Appellant. Michael J. Canter, Scott A. Kossoudji, Vorys, Sater, Seymour & Pease, Columbus, Ohio, Walter W. Reckless, Shumaker, Loop & Kendrick, Columbus, Ohio for Appellees.

Before: SILER and SUTTON, Circuit Judges; SHARP, District Judge.

OPINION

SILER, Circuit Judge.

Plaintiff Care Heating & Cooling, Inc. ("Care") instituted this action against American Standard, Inc., otherwise known as Trane, and Buckeye Heating & Air Conditioning Co. ("Buckeye") for alleged violations of section 1 of the Sherman Antitrust Act, 15 U.S.C. § 1, arising from Trane's refusal to approve Care as an authorized dealer of Trane's heating and cooling equipment systems. The district court for the Southern...

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