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United States First Circuit


AVX Corp. v. Cabot Corp., 04-2656

In a case concerning the application of res judicata, plaintiff's Sherman and Clayton Act claim is not precluded by its suit for unlawful price discrimination under the Robinson-Patman Price Discrimination Act since there was no final judgment on the Robinson-Patman claim.

Appellate Information

  • Decided 09/13/2005
  • Published 09/13/2005

Judges

  • BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, SELYA, Circuit Judge, and SILER, Senior Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Evan Slavitt with whom Bodoff & Slavitt LLP was on brief for appellants.

  • For Appellees:
  • Robert S. Frank, Jr. with whom Brian A. Davis, Terrence M. Schwab and Choate, Hall & Stewart LLP were on brief for appellee.
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