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KELLOGG CO. v. NATIONAL BISCUIT CO.

No. 272.

71 F.2d 662 (1934)

KELLOGG CO. v. NATIONAL BISCUIT CO.

Circuit Court of Appeals, Second Circuit.

June 18, 1934.

Attorney(s) appearing for the Case

Crichton Clarke, of New York City, for appellant.

Cooper, Kerr & Dunham, of New York City (Drury W. Cooper and Charles A. Vilas, both of New York City, of counsel), for appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

It might at first seem that this action against the National Biscuit Company by a competitor to recover treble damages under section 4 of the Clayton Act (15 USCA § 15) was without foundation, but we are on the whole inclined to think that enough is set forth in the complaint to withstand demurrer and to require the defendant to submit to trial.

The charge in general is of an unlawful...

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