R.C. Dick Geothermal Corp. v. Thermogenics, Inc.

ORDER

This order discusses defendants’ motion for summary judgment regarding plaintiff’s claims of antitrust violations only. As will be more fully discussed, plaintiff’s motion for partial summary judgment will be decided at a later time if it remains relevant. Upon review of the voluminous materials filed in this case and the argument of counsel, this Court grants defendants’ motion in part and denies the motion in part.

The Court finds that, as a mattér of law, plaintiff cannot establish a per se violation of section 1 of the Sherman Act. The issue of whether defendants’ conduct violates section 1 under the rule of reason analysis is severed for prompt trial by this Court. The outcome of the trial on this sole issue will then determine whether the conspiracy and section 2 allegations will be tried. The Court has set a status conference for Tuesday, June 21, 1983 at 9:15 a.m. so that a date can be set for the trial of this severed issue.

The case concerns a factual situation involving a complicated relationship among the parties. Plaintiff is a corporation controlled by Ronald C. Dick (Dick). In 1964, Dick acquired a lease with an option to purchase 1,100 acres of land in…