Century Oil Tool, Inc. And Jerry Raggio v. Production Specialties, Inc., Gerald Hebert and Gas Lift Supply, Inc.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In a private treble damage suit asserting only a violation of Section 1 of the Sherman Act, the district court isolated for trial the question of whether two corporations under common ownership and control were a “single entity” or sufficiently independent to furnish the required plurality of actors. The jury was charged to consider enumerated signals of independence and found that the two companies were independent. Judgment n.o.v. was granted and this appeal followed. After oral argument we withheld our decision until the Supreme Court’s decision in…