D & S Redi-Mix v. Sierra Redi-Mix And Contracting Company

692 F.2d 1245 1982-83 Trade Cases 65,017 D & S REDI-MIX, an Arizona corporation, Plaintiff-Appellee, v. SIERRA REDI-MIX AND CONTRACTING COMPANY, an Arizona corporation and Eddie Cyr, dba Cashway Concrete and Materials, Defendants-Appellants. No. 81-5493. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 8, 1982. Decided Nov. 2, 1982. Curtis A. Jennings, Jay M. Mann, Jennings, Kepner & Haug, Phoenix, Ariz., for defendants-appellants. S. Leonard Scheff, Erik M. O'Dowd, Tucson, Ariz., for plaintiff-appellee. Appeal from the United States District Court for the District of Arizona. Before WRIGHT, TANG and SCHROEDER, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge: 1 Sierra Redi-Mix and Contracting Co. (Sierra) and Eddie Cyr (Cyr), dba Cashway Concrete and Materials (Cashway), fought D&S Redi-Mix (D&S) for control of the concrete market in Sierra Vista, Arizona. Sierra and Cyr won. We must decide if their tactics violated the federal antitrust laws. I. Facts 2 Sierra began making and selling concrete in Sierra Vista in 1956. Until 1969 it was virtually the only concrete company in town. Several smaller operations opened, but each closed within a…