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ELDER-BEERMAN STORES CORP. v. FEDERATED DEPT. STORES, INC.

Nos. 20716, 20762.

459 F.2d 138 (1972)

The ELDER-BEERMAN STORES CORP. et al., Plaintiffs-Appellees, v. FEDERATED DEPARTMENT STORES, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

April 11, 1972.

Attorney(s) appearing for the Case

Dennis G. Lyons, Washington, D. C., Bruce L. Montgomery, Norton F. Tennille, Jr., Washington, D. C., John O. Henry, Dayton, Ohio, on brief; William L. McGovern, Arnold & Porter, Washington, D. C., Estabrook, Finn & McKee, Dayton, Ohio, of counsel, for appellant.

Jerome Goldman, Cincinnati, Ohio, Mitchell B. Goldberg, Goldman, Cole & Putnick, Cincinnati, Ohio, of counsel, for appellees.

Before EDWARDS, MILLER and KENT, Circuit Judges.

KENT, Circuit Judge.

This is an appeal from a jury verdict, in an anti-trust case, in favor of the plaintiff, The Elder-Beerman Stores Corp., in the amount of $1,275,097, which was trebled under the statute,1 and judgment entered in the amount of $3,825,291. Judgment for the plaintiff, The Elder-Beerman Stores Corp., was entered in only one of the two actions submitted to the jury. The first action was commenced on November 27, 1961, and...

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