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KAPLAN v. BURROUGHS CORP.

No. C 71-479 SAW.

426 F.Supp. 1328 (1977)

Stuart M. KAPLAN as Trustee in Bankruptcy for Palmer Data Corporation d/b/a CompuTerminal v. BURROUGHS CORPORATION.

United States District Court, N. D. California.

February 4, 1977.

Attorney(s) appearing for the Case

Joseph M. Alioto, San Francisco, Cal., for plaintiff.

Max L. Gillam and William J. Meeske, of Latham & Watkins, Los Angeles, Cal., for defendant.

FINDINGS OF FACT AND OPINION

WYZANSKI, Senior District Judge.

This case is reduced to one issue: whether there is evidence to support a jury verdict that defendant has violated Section 1 of the Sherman Anti-Trust Act, 15 U.S.C. § 1, as distinct from any question of state tort law.

In George R. Whitten, Jr., Inc. v. Paddock Pool Builders, Inc., 508 F.2d 547 (1st Cir., 1974) that distinction is so sharply...

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