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REDWING CARRIERS, INC. v. McKENZIE TANK LINES, INC.

PCA No. 76-135.

443 F.Supp. 639 (1977)

REDWING CARRIERS, INC., a Florida Corporation, Plaintiff, v. McKENZIE TANK LINES, INC., a Florida Corporation, et al., Defendants.

United States District Court, N. D. Florida, Pensacola Division.

December 13, 1977.

Attorney(s) appearing for the Case

D. L. Middlebrooks, S. Jack Carrouth, David A. Reed, Levin, Warfield, Middlebrooks, Graff, Mabie, Rosenbloum & Magie, P. A., Pensacola, Fla., for plaintiff.

George J. Roark, Jr., Pensacola, Fla., and G. Sage Lyons, Mack B. Binion, Lyons, Pipes & Cook, Mobile, Ala., for defendant, McKenzie Tank Lines, Inc.

Warren L. Finch, Mobile, Ala., for defendant, John T. Russell.

A. Dallas Albritton, Jr., Albritton, Sessums & DiDio, Tampa, Fla., for defendant, Mario R. Cabrera.

ARNOW, Chief Judge.

Before the court are defendants' motions seeking summary judgment on Counts I and II of plaintiff's amended complaint.

Plaintiff's amended complaint is in five counts. Counts I and II seek injunctive relief respecting, and damages for, claimed violation of section 1 of the Sherman Act, 15 U.S.C. § 1. Counts III, IV and V seek damages for unfair competition, tortious interference and breach of fiduciary duty.

Both plaintiff...

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