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EZZO'S INVESTMENTS v. ROYAL BEAUTY SUPPLY

No. 95-5898.

94 F.3d 1032 (1996)

EZZO'S INVESTMENTS, INC.; Ezzo Ebeido, Plaintiffs-Appellants, v. ROYAL BEAUTY SUPPLY, INC.; Alvin Jacobs; Raymond Jacobs; John Fail; Alan Snetman; Matrix Essentials, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 10, 1996.

Attorney(s) appearing for the Case

Richard H. Dinkins, Williams & Dinkins, Nashville, TN, Robert E. Sutton (argued and briefed), Sutton & Kelly, Milwaukee, WI, for Plaintiffs-Appellants.

H. Bruce Guyton (argued and briefed), Woolf, McClane, Bright, Allen & Carpenter, Knoxville, TN, for Royal Beauty Supply, Inc., Alvin Jacobs, John Fail.

Michael I. Mossman, Eisenstein, Moses & Mossman, Nashville, TN, H. Bruce Guyton, Woolf, McClane, Bright, Allen & Carpenter, Knoxville, TN, for Raymond Jacobs.

Herbert R. Rich (briefed), Nashville, TN, H. Bruce Guyton, Woolf, McClane, Bright, Allen & Carpenter, Knoxville, TN, for Alan Snetman.

Thomas L. Anastos (briefed), John D. Parker (argued), Baker & Hostetler, Cleveland, OH, H. Naill Falls, Jr., Farris, Warfield & Kanaday, Nashville, TN, for Matrix Essentials, Inc.

Before: MERRITT, Chief Judge; KEITH and SUHRHEINRICH, Circuit Judges.

MERRITT, Chief Judge.

This case arises from a battle for business and allegations of price fixing among beauty parlors in Nashville. Plaintiffs, a beauty salon and its owner, appeal from the grant of summary judgment to Defendants in this antitrust case. Plaintiffs allege that Defendants (the manufacturer, distributor and another salon), engaged in a price fixing conspiracy with regard to certain beauty products. The District Court erred in holding that there were...

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