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AMERICAN CONTRACTORS SUPPLY v. HD SUPPLY CONST.

No. 20-10813.

989 F.3d 1224 (2021)

AMERICAN CONTRACTORS SUPPLY, LLC, Plaintiff-Appellant, v. HD SUPPLY CONSTRUCTION SUPPLY, LTD., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 4, 2021.

Attorney(s) appearing for the Case

Jeffrey L. Berhold , Jeffrey L. Berhold, PC, Atlanta, GA, for Plaintiff-Appellant.

Milton Russell Wofford, Jr. , Carroll & Weiss, Atlanta, GA, for Defendant-Appellee.

Before ROSENBAUM, LAGOA, and ANDERSON, Circuit Judges.

This appeal requires us to determine whether Plaintiff-Appellant American Contractors Supply, LLC ("ACS"), a distributor of tilt-wall equipment, presented evidence of facts tending to exclude the inference that a competing distributor and a manufacturer acted independently when...

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