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HYDRO-TECH CORP. v. SUNDSTRAND CORP.

No. 80-1409.

673 F.2d 1171 (1982)

HYDRO-TECH CORPORATION, a Colorado corporation, and Hasan F. Onal, Plaintiffs-Appellants, v. SUNDSTRAND CORPORATION, a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 2, 1982.

Attorney(s) appearing for the Case

John F. Head, Denver, Colo. (Teryl R. Gorrell, Denver, Colo., with him on the brief), of Head, Moye, Carver & Ray, Denver, Colo., for plaintiffs-appellants.

David M. Ebel, Denver, Colo. (Robert H. Harry and Glenn W. Merrick, Denver, Colo., with him on the brief), of Davis, Graham & Stubbs, Denver, Colo., for defendant-appellee.

Before SETH, Chief Judge, and McWILLIAMS and PECK, Circuit Judges.

McWILLIAMS, Circuit Judge.

The issue in this appeal is whether a lawsuit, brought without probable cause and for an anticompetitive purpose, can form the basis for a claim under the antitrust laws of the United States. In resolving this matter, we have undertaken a balancing of the first amendment right to petition the courts against the interests to be protected under the antitrust laws. For the reasons set forth below, we conclude that the prosecution of a lawsuit...

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