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WATSON CARPET & FLOOR v. MOHAWK INDUSTRIES

Nos. 09-6140, 09-6173.

648 F.3d 452 (2011)

WATSON CARPET & FLOOR COVERING, INC., Plaintiff-Appellant/Cross-Appellee, v. MOHAWK INDUSTRIES, INC., Defendant-Appellee, Carpet Den, Inc.; Rick McCormick, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 22, 2011.

Attorney(s) appearing for the Case

ARGUED: R. Scott Jackson, Jr. , Nashville, Tennessee, for Appellant. Randall L. Allen , Alston & Bird LLP, Atlanta, Georgia, Russell B. Morgan , Bradley Arant Boult Cummings, LLP, Nashville, Tennessee, for Appellees. ON BRIEF: R. Scott Jackson, Jr. , Nashville, Tennessee, for Appellant. Randall L. Allen , Rodney J. Ganske , Alston & Bird LLP, Atlanta, Georgia, Russell B. Morgan , Paul A. Alexis , Christopher E. Thorsen , Bradley Arant Boult Cummings, LLP, Nashville, Tennessee, Timothy L. Warnock , Riley Warnock & Jacobson, PLC, Nashville, Tennessee, for Appellees.

Before: SILER, MOORE, and GRIFFIN, Circuit Judges.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Plaintiff-appellant Watson Carpet & Floor Covering, Inc. (Watson Carpet) is a carpet dealer in competition with Carpet Den, Inc. and its owner, Rick McCormick. Watson Carpet sued Carpet Den, McCormick, and carpet supplier Mohawk Industries, Inc., for conspiring to restrain trade in violation of Section 1 of the Sherman Act.

Watson Carpet alleges that, in 1998, the defendants explicitly agreed to force...

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