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NORTHWEST POWER PRODUCTS, INC. v. OMARK INDUSTRIES

No. 77-1976.

576 F.2d 83 (1978)

NORTHWEST POWER PRODUCTS, INC., Plaintiff-Appellant, v. OMARK INDUSTRIES, INC., Bob Wooten, and Bosco Fastening Service Center, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 24, 1978.

Attorney(s) appearing for the Case

Jack N. Price, Austin, Tex., Edward S. Koppman, Vernon O. Teofan, Dallas, Tex., for plaintiff-appellant.

Stephen L. Elliott, Dallas, Tex., for Bosco Fastening Service Center, Inc.

Marvin S. Sloman, Phillip N. Smith, Jr., Dallas, Tex., for Bob Wooten.

Jerry L. Buchmeyer, Timothy R. McCormick, Dallas, Tex., for Omark Industries.

Before THORNBERRY, RONEY and HILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 24, 1978.

RONEY, Circuit Judge:

Omark Industries, Inc. terminated Northwest Power Products, Inc. as a distributor of Omark powder actuated tools (PAT) and supplies. Northwest brought this treble damage action under the Sherman Act, 15 U.S.C.A. § 1, against Omark; the new distributor, Bosco Fastening Service Center, Inc.; and Northwest's former sales manager, Bob Wooten, who led a contingent of Northwest employees...

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