A. H. Cox & Company, a Corporation v. Star MacHinery Company, a Corporation Star Rentals, Inc., a Corporation and R. O. Products, Inc., a Corporation

653 F.2d 1302 1981-2 Trade Cases 64,238 A. H. COX & COMPANY, a corporation, Plaintiff-Appellant, v. STAR MACHINERY COMPANY, a corporation; Star Rentals, Inc., a corporation; and R. O. Products, Inc., a corporation, Defendants-Appellees. No. 78-3574. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 10, 1980. Decided Aug. 17, 1981. Frederic C. Tausend, Schweppe, Doolittle, Krug, Tausend & Beezer, Seattle, Wash., for plaintiff-appellant. Bill Helsell, Helsell, Fetterman, Martin, Todd & Hokanson, Seattle, Wash., for defendants-appellees. Appeal from the United States District Court for the Western District of Washington. Before TRASK and KENNEDY, Circuit Judges, and TASHIMA, * District judge. KENNEDY, Circuit Judge: 1 In this antitrust action, one distributor wrested a product line away from a second distributor, its principal competitor. The injured firm sued both the distributor who took the line and the manufacturer-supplier, alleging violations of sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2 (1976). The complaint charged an attempt to monopolize the relevant market and a concerted refusal to deal. After reviewing…