Sunkist Growers, Inc. v. Winckler & Smith Citrus Products Co.

289 F.2d 933 SUNKIST GROWERS, INC., a Corporation, and the Exchange Orange Products Company, a Corporation, Appellants, v. WINCKLER & SMITH CITRUS PRODUCTS CO., a Corporation, and Ronald Walker, Trustee, Appellees. No. 15242. United States Court of Appeals Ninth Circuit. May 5, 1961. On Petitions for Rehearing. For former opinion, see 284 F.2d 1 . Before STEPHENS, BARNES and MERRILL, Circuit Judges. 1 Upon petitions for rehearing by both appellants and appellees, we modify the opinion heretofore filed as follows: 2 I. The balance of the first full sentence after the word "or", page 24, line 4, of slip opinion [ 284 F.2d 17 ], is stricken, and inserted in its place is the following: 3 "* * * (2) the alleged illegal sole trader decision not to sell, made when such refusal would, as a natural consequence, illegally restrain trade or commerce, and implemented by other illegal means beyond the bare refusal, or (3) a similar unilateral decision not to sell, except at a fixed price, made from a monopoly position, and resulting, as a natural consequence, in the elimination of a competitor." 4 II. On page 50, line 18 from top of slip opinion [ 284 F.2d 33 ], the language "and a sale on…