PHILADELPHIA The owner of Toledo Mack Sales & Service, which sued Mack Trucks Inc. for trying to unfairly take over its business, will get its chance to argue its anti-trust claim in U.S. District Court in Toledo.
A federal court of appeals ruled in favor of the Toledo firm yesterday, saying the firm had sufficient evidence for a jury to find that Mack dealers may have entered into an unlawful conspiracy to fix prices that hurt Toledo Mack, a franchisee.
A federal district court had ruled against the local firm.
Toledo Mack sued in 2002, accusing Mack Trucks, of Allentown, Pa., of costing it more than $1 million by selling to potential customers and competitors for less and on better terms.
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