TATE, Circuit Judge: Kaiser Aluminum and Chemical Sales, Inc. (“Kaiser”) initiated this action in 1979 for simple breach of contract against Avon-dale Shipyards, Inc. (“Avondale”). In its answer to Kaiser’s complaint, Avondale defended on the grounds that the contract sought to be enforced by Kaiser was violative of the antitrust laws. Avondale also filed a counterclaim seeking,…
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