S & S LOGGING CO. v. BARKER

No. 19896.

366 F.2d 617 (1966)

S & S LOGGING CO., Inc., Appellant, v. B. G. BARKER and Jane Doe Barker, his wife, Bob Jones and Jane Doe Jones, his wife, Ivan O. Jones and Jane Doe Jones, his wife, Harold C. Chriswell and Iris E. Chriswell, his wife, Wm. O. Benecke and Ruth Benecke, his wife, Summit Timber Company, a Washington corporation, and Eclipse Timber Co., a Washington corporation, Defendants, Lewis Hovde and Jane Doe Hovde, his wife, and the Bank of Sumas, a banking corporation, Additional Defendants, (Harold C. Chriswell et ux. and Wm. O. Benecke et ux. of Defendants), Appellees.

United States Court of Appeals Ninth Circuit.

August 24, 1966.


Attorney(s) appearing for the Case

Joseph T. Pemberton, Bellingham, Wash., for appellant.

John W. Douglas, Asst. Atty. Gen., Alan S. Rosenthal, Edward Berlin, Attys., Dept. of Justice, Washington, D. C., Wm. N. Goodwin, U. S. Atty., Seattle, Wash., for appellees.

Before POPE, BARNES and MERRILL, Circuit Judges.


POPE, Circuit Judge.

Appellant brought suit against appellees and others under section 4 of the Clayton Act, 38 Stat. 731 (1914), 15 U.S.C. Sec. 15 (1964), charging a conspiracy to monopolize and control the sale of National Forest Service timber in Mount Baker National Forest, Washington, in violation of Sections 1 and 2 of the Sherman Act, 26 Stat. 209 (1890), 15 U.S.C. Secs. 1, 2 (1964).

Appellee Chriswell is Supervisor...

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