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GOLDSMITH v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY

Civ. A. No. 1481.

201 F.Supp. 867 (1962)

Harry GOLDSMITH, Plaintiff, v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, Defendant.

United States District Court W. D. North Carolina, Charlotte Division.

February 19, 1962.

Attorney(s) appearing for the Case

Thomas and Evans, Hickory, N. C., for plaintiff.

Thomas D. Barr, Cravath, Swaine & Moore, New York City, Francis H. Fairley, Fairley, Hamrick & Hamilton, Charlotte, N. C., John C. Ashton, Jr., St. Louis, Mo., for defendant.

WARLICK, Chief Judge.

This action was brought by plaintiff to recover treble damages pursuant to Section 4 of the Clayton Act (15 U.S.C.A. § 15), which he alleges were sustained as a result of the defendant's violation of Sections 1 and 2 of the Sherman Act (15 U.S.C.A. §§ 1-2) and Section 7 of the Clayton Act (15 U.S.C.A. § 18) as amended.

At the time of the trial plaintiff was permitted to amend his complaint to set up in the alternative...

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