Cowley v. Braden Industries

613 F.2d 751 1980-1 Trade Cases 63,134 Dixon D. COWLEY, dba Cowley Pump and Supply, Graham L. Cowley and Hugh H. Cowley, dba Cowley Bros. Supply, and Carder, Inc., dba Ranchers Supply Company, Plaintiffs-Appellants, v. BRADEN INDUSTRIES, INC., a Delaware corporation doing business in the State of Arizona, Defendant-Appellee. No. 77-3272. United States Court of Appeals, Ninth Circuit. Jan. 8, 1980. Rehearing Denied March 4, 1980. Leo R. Beus, Jennings, Strouss & Salmon, Phoenix, Ariz., for plaintiffs-appellants. Roger R. Scott, Tulsa, Okl., for defendant-appellee. Appeal from the United States District Court for the District of Arizona. Before CHOY and KENNEDY, Circuit Judges, and WILLIAMS, * District Judge. KENNEDY, Circuit Judge: 1 This case arises from a dispute between a manufacturer and its former distributor. The distributor, and a retailer to whom it had made sales, both brought suit against the manufacturer in the District Court for the District of Arizona, alleging violations of federal and state antitrust laws and a state tort claim. The manufacturer filed a counterclaim for amounts due on products delivered to the distributor. The case was tried without a jury, and…