MITCHELL WOODBURY CORPORATION v. ALBERT PICK-BARTH CO.

No. 4087.

36 F.2d 974 (1929)

MITCHELL WOODBURY CORPORATION v. ALBERT PICK-BARTH CO., Inc., et al.

District Court, D. Massachusetts.

December 5, 1929.


Attorney(s) appearing for the Case

Sherman L. Whipple, Claude B. Cross, and Edward C. Park, all of Boston, Mass., for plaintiff.

G. Wallace Tibbetts, of Boston, Mass., for Exchange Trust Co., trustee.

Leo S. Hamburger, of Boston, Mass., for defendants Stuart and McDonald.

Edward F. McClennen and Jacob Kaplan, both of Boston, Mass., for defendant Albert Pick-Barth Co.


BREWSTER, J.

This is an action brought to recover threefold damages alleged to have been sustained by reason of acts forbidden by the anti-trust laws (U. S. C. tit. 15, § 15 (15 USCA § 15). The plaintiff and two of the defendants are citizens of Massachusetts. The defendant corporation has interposed a pleading entitled "Motion to dismiss, demurrer and answer to the jurisdiction."

Two questions are presented by this pleading:

First. Whether...

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