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MULARKEY v. HOLSUM BAKERY, INC.

No. 97-16080.

146 F.3d 1064 (1998)

Alan R. MULARKEY; Lynn M. Mularkey, husband and wife, Plaintiffs-Appellants, and Frank Massoni; Tom Schneider; Charles E. Lee, current Holsum distributor, Intervenors, v. HOLSUM BAKERY, INC., Arizona Corporation; Edward Eisele, President & Director of Holsum Bakery, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 18, 1998.

Attorney(s) appearing for the Case

Michael J. LaVelle, Kimerer & LaVelle, Phoenix, Arizona, for the plaintiffs-appellants.

John J. Bouma, Snell & Wilmer, Phoenix, Arizona, for the defendants-appellees.

Before LAY, KOZINSKI and T.G. NELSON, Circuit Judges.

PER CURIAM:

Alan and Lynn Mularkey, former distributors of bread products manufactured by the defendant, Holsum Bakery ("Holsum"), appeal the district court's partial summary judgment dismissing their claims under the Sherman Antitrust Act, 15 U.S.C. § 1. The Mularkeys allege Holsum and its president, Ed Eisele, conspired to set resale prices, and that the Mularkeys were terminated for violating this policy. We affirm...

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