Hays v. United Fireworks Mfg. Co.

420 F.2d 836 P. D. HAYS and Ruth Hays, his wife, d/b/a Hays Fireworks Co., Appellees, v. UNITED FIREWORKS MFG. CO., Clipper Pyrotechnic Corporation, Zebra Distributing Company, W. Patrick Moriarty, Jack Martin and Elizabeth Moriarty, Appellants. No. 22690. United States Court of Appeals Ninth Circuit. December 9, 1969. Noble K. Gregory, San Francisco, Cal. (argued), Pillsbury, Madison & Sutro, San Francisco, Cal., Dore, Dubuar & Cummins, Paul C. Gibbs, Seattle, Wash., for appellants. Charles Lonergan, Seattle, Wash. (argued), of Corbett, Siderius & Lonergan, Seattle, Wash., for appellees. Before HAMLEY, BROWNING and ELY, Circuit Judges. HAMLEY, Circuit Judge: 1 This is a civil antitrust action for treble damages involving the fireworks business in the State of Washington. The plaintiffs are P. D. Hays and Ruth Hays, his wife. They own and operate Hays Fireworks Company, a sole proprietorship engaged in the wholesale and retail fireworks business in Olympia, Thurston County, Washington. 2 The defendants are three other fireworks companies and three individuals: United Fireworks Mfg. Co. (United), an Ohio corporation engaged in the manufacture of fireworks; Clipper…