COMFORT TRANE AIR CONDITIONING v. TRANE CO.

No. 78-1427.

592 F.2d 1373 (1979)

COMFORT TRANE AIR CONDITIONING COMPANY et al., Plaintiffs-Appellants, v. The TRANE COMPANY et al., Defendants-Appellees. The TRANE COMPANY, Defendant-Third-Party Plaintiff-Cross-Appellant, v. COMFORT TRANE AIR CONDITIONING COMPANY, Comfort Trane Service Company, Inc., Haswell Enterprises, Ltd. and Home Center Corporation, Third-Party Defendants-Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

April 16, 1979.


Attorney(s) appearing for the Case

Warren O. Wheeler, Atlanta, Ga., for Comfort Trane Air Conditioning Co., Comfort Trane Service Co., Inc. & Haswell Enterprises, Ltd.

Trammell Newton, Trammell E. Vickery, Atlanta, Ga., for The Trane Co. & Peachtree Trane Air Conditioning Co.

Robert D. Feagin, Atlanta, Ga., for Howell Adams & Associates, Inc.

Hansell, Post, Brandon & Dorsey, Herbert P. Schlanger, Atlanta, Ga., for defendants-appellees.

Before GOLDBERG, SIMPSON and CLARK, Circuit Judges.


SIMPSON, Circuit Judge:

The district court below directed a verdict against plaintiffs on their § 1 Sherman Act antitrust claim and directed a verdict against defendant The Trane Company on its counterclaim for a deficiency judgment. Previously it had granted partial summary judgment against plaintiffs on their several state law tort claims.

Three major issues are raised on this appeal. First, as to the antitrust claim, the question is whether plaintiffs...

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