R. Anthony Marrese and Michael R. Treister v. American Academy of Orthopaedic Surgeons

HARLINGTON WOOD, Jr., Circuit Judge,

with whom CUMMINGS, Chief Judge, and CUDAHY, Circuit Judge, join, dissenting.

Judge Posner’s opinion has eliminated some points which appeared in the two pri- or opinions in this case, now vacated, and has added some new points. In certain respects the changes make this latest version less objectionable, but I respectfully must dissent. Those two prior opinions created the impression that this court was trying the case on its antitrust merits before the case had much of a chance to get started in the trial court. That prejudgment pall still hangs heavy over…