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LEVI CASE CO., INC. v. ATS PRODUCTS, INC.

No. C-89-2593-VRW.

788 F.Supp. 428 (1992)

LEVI CASE COMPANY, INCORPORATED, a New York corporation, Plaintiff, v. ATS PRODUCTS, INC., a California corporation, and Lawrence E. Shea, Defendants.

United States District Court, N.D. California.

April 9, 1992.

Attorney(s) appearing for the Case

H. Mathew Moore, Howard, Rice, Nemerovski, Canady, Robertson & Falk, P.C., San Francisco, Cal., for defendant Lawrence E. Shea.

Phyllis E. Andelin, Michael P. Faulkner, Proskauer Rose Goetz & Mendelsohn, San Francisco, Cal., for defendant ATS Products, Inc.

Khourie, Crew & Jaeger, P.C., Eugene Crew, Daniel J. Furniss, Laurie Donahue, San Francisco, Cal., for plaintiff Levi Case Co., Inc.

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT ON CONSPIRACY ISSUE

WALKER, District Judge.

I. BACKGROUND FACTS.

Lawrence Shea is the holder of three patents for a resin-based fiberglass type of heating, ventilation and air conditioning ("HVAC") ductwork. The ductwork produced by Shea's method is recognized by both plaintiff and defendant as superior for certain indoor environments. In the broader market for HVAC ductwork, ductwork made through Shea...

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