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MERICAN, INC. v. CATERPILLAR TRACTOR CO.

Civ. A. No. 80-3723.

596 F.Supp. 697 (1984)

MERICAN, INC., Merican Curtis, Inc., and Merican Curtis, Ltd. v. CATERPILLAR TRACTOR CO.

United States District Court, E.D. Pennsylvania.

September 28, 1984.

Attorney(s) appearing for the Case

Alan Schnoll, Philadelphia, Pa., Robert C. Levy, Berryl A. Speert, Allan P. Hillman, Frank, Bernstein, Conaway & Goldman, Baltimore, Md., for plaintiffs.

Edward W. Mullinix, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., John DeQ. Briggs, III, David C. Murchison, P.C., Washington, D.C., for defendant.

MEMORANDUM OPINION AND ORDER

VANARTSDALEN, District Judge.

Plaintiffs filed the present action nearly four years ago, alleging that defendant Caterpillar Tractor Co. (Caterpillar) violated § 1 of the Sherman Act, 15 U.S.C. § 1, by altering its system for collecting a service fee from its authorized dealers in order to exclude plaintiffs and other independent marketers from competing in the overseas sale and servicing of Caterpillar electrical generator...

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