ADAMS DAIRY COMPANY v. ST. LOUIS DAIRY COMPANY

No. 15856.

260 F.2d 46 (1958)

ADAMS DAIRY COMPANY, a Corporation, Appellant, v. ST. LOUIS DAIRY COMPANY, a Corporation, Pevely Dairy Company, a Corporation, and Milk Wagon Drivers and Inside Dairy Workers Local Union No. 603, American Federation of Labor, a Voluntary Labor Organization, Appellees.

United States Court of Appeals Eighth Circuit.

October 14, 1958.


Attorney(s) appearing for the Case

Charles V. Garnett, Kansas City, Mo. (F. William McCalpin, St. Louis, Mo., Harvey Burrus and Rufus Burrus, Independence, Mo., were with him on the brief), for appellant.

John H. Lashly, St. Louis, Mo. (Jacob M. Lashly, Paul B. Rava and Lashly, Lashly & Miller, St. Louis, Mo., were with him on the brief), for appellee St. Louis Dairy Co.

E. C. Hartman, St. Louis, Mo. (Alexander Kerckhoff and Hartman, Guilfoil & Albrecht, St. Louis, Mo., were with him on the brief), for appellee Pevely Dairy Co.

Harry H. Craig, St. Louis, Mo. (Norman W. Armbruster, John T. Wiley, Jr., and Wiley, Craig, Armbruster, Schmidt & Wilburn, St. Louis, Mo., were with him on the brief), for appellee, Union.

Before GARDNER, Chief Judge, and VOGEL and MATTHES, Circuit Judges.


MATTHES, Circuit Judge.

In this action, based upon an alleged violation of Section 1 of the Sherman Act,1 wherein recovery was sought for threefold the damages allegedly sustained by Adams Dairy Company, the appeal is from the judgment following jury verdict that it take nothing by this suit.2

The meritorious appellate issues are focused upon: (1) the failure...

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