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NICSAND, INC. v. 3M CO.

No. 05-3431.

457 F.3d 534 (2006)

NICSAND, INC., Plaintiff-Appellant, v. 3M COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 8, 2006.

Attorney(s) appearing for the Case

ARGUED: Dennis E. Murray, Jr., Murray & Murray Co., L.P.A., Sandusky, Ohio, for Appellant. James P. Murphy, Squire, Sanders & Dempsey, Washington, D.C., for Appellee. ON BRIEF: Dennis E. Murray, Jr., Murray & Murray Co., L.P.A., Sandusky, Ohio, for Appellant. James P. Murphy, Squire, Sanders & Dempsey, Washington, D.C., J. Philip Calabrese, Squire, Sanders & Dempsey, Cleveland, Ohio, for Appellee.

Before: SILER, SUTTON, and COOK, Circuit Judges.

COOK, J., delivered the opinion of the court, in which SILER, J., joined.

SUTTON, J. (pp. 555-61), delivered a separate dissenting opinion.

OPINION

COOK, Circuit Judge.

NicSand, Inc. (NicSand), a marketer of automotive abrasives, brought this antitrust action against its competitor, 3M Company (3M), alleging that 3M's execution of exclusive dealing contracts with four of the six largest distributors...

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