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CHASE MANUFACTURING, INC. v. JOHNS MANVILLE CORP.

No. 22-1164.

84 F.4th 1157 (2023)

CHASE MANUFACTURING, INC., Plaintiff-Appellant, v. JOHNS MANVILLE CORPORATION, Defendant-Appellee. United States of America, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

FILED October 25, 2023.

Attorney(s) appearing for the Case

Luke Hasskamp ( Alexandra Shear and Jarod M. Bona with him on the briefs), of Bona Law, P.C., La Jolla, California, for Plaintiff-Appellant.

Gregory J. Kerwin ( Ryan Bergsieker , Allison K. Kostecka , and Lydia Lulkin with him on the brief), of Gibson, Dunn & Crutcher LLP, Denver, Colorado, for Defendant-Appellee.

Patrick M. Kuhlmann , Attorney ( Jonathan S. Kanter , Assistant Attorney General; Doha G. Mekki , Principal Deputy Assistant Attorney General; Maggie Goodlander , Deputy Assistant Attorney General; David B. Lawrence , Policy Director; Daniel E. Haar and Nickolai G. Levin , Attorneys, with him on the brief), Washington, D.C., for amicus curiae the United States of America in support of neither party.

Before PHILLIPS, MURPHY, and ROSSMAN, Circuit Judges.

In this antitrust case, we consider whether the district court erred in granting summary judgment to a monopolist—a company supplying nearly 100% of the relevant market—that had threatened to stop selling needed products to its customers if they bought from a new market entrant offering a superior product for...

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