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NORTHERN KENTUCKY TEL. CO. v. SOUTHERN BELL T. & T. CO.

No. 6488.

73 F.2d 333 (1934)

NORTHERN KENTUCKY TELEPHONE CO. v. SOUTHERN BELL TELEPHONE & TELEGRAPH CO. et al.

Circuit Court of Appeals, Sixth Circuit.

November 7, 1934.

Attorney(s) appearing for the Case

M. J. Hennessey, of Augusta, Ky., for appellant.

J. C. Doolan, of Louisville, Ky. (Frost & Jacobs, of Cincinnati, Ohio, U. J. Howard, of Covington, Ky., E. D. Smith, of Atlanta, Ga., and Trabue, Doolan, Helm & Helm, of Louisville, Ky., on the brief), for appellees.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

SIMONS, Circuit Judge.

The action was brought under section 7 of the Sherman Anti-Trust Law (15 USCA § 15 note) to recover treble damages for a conspiracy in restraint of interstate commerce, declared illegal by section 1 (15 USCA § 1). The plaintiff having demurred to the several answers of the defendant, which pleaded the Kentucky statute of limitations, the demurrers having been overruled as to the answers but...

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