E.W. French & Sons, Inc. v. General Portland, Inc.

62 F.3d 1424 1995-2 Trade Cases P 71,112 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. E.W. FRENCH & SONS, INC., Plaintiff-Appellant, v. GENERAL PORTLAND, INC., Defendant-Appellee. No. 94-55525. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 14, 1995. Decided Aug. 8, 1995. Before: LAY, * BRUNETTI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 In the 17th year of this lawsuit's life, it has returned to the circuit essentially in the same shape it was before, only older. Last time, we reversed a directed verdict on the claim by E.W. French & Sons, Inc., a maker and seller of ready-mix concrete, that cement manufacturers, including General Portland, Inc., conspired to fix prices because the district court used the wrong evidentiary standard in ruling on admissibility of co-conspirator statements. E.W. French & Sons, Inc. v. General Portland, Inc., 885 F.2d 1392 (9th Cir. 1989) ("French I"). We also reversed judgment in favor of General…