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.