MOORE v. BACKUS

No. 5401.

78 F.2d 571 (1935)

MOORE et al. v. BACKUS et al.

Circuit Court of Appeals, Seventh Circuit.

July 13, 1935.


Attorney(s) appearing for the Case

Walter H. Jacobs, Harold A. Smith, Robert Tieken, Henry Veeder, Albert H. Veeder, Frederic Burnham, David F. Rosenthal, Frank D. Mayer, Irving B. Goldsmith, Henry M. Wolf, Alexander F. Reichmann, Oscar D. Stern, James J. Magner, John P. Wilson, and Howard Ellis, all of Chicago, Ill., for appellants.

Morris Townley, of Chicago, Ill., for appellees.

Before EVANS, SPARKS, and FITZ HENRY, Circuit Judges.


SPARKS, Circuit Judge.

On July 28, 1933, E. W. Backus filed in the District Court his action at law against Herbert J. Blum, Gustavus F. Swift, Jr., and Allen Moore. The declaration consisted of seven counts. In the first five counts he sought to recover triple damages for alleged violation of the federal antitrust laws, 15 USCA § 15; in the sixth count he sought recovery of damages for an alleged conspiracy in violation of the Illinois anti-trust laws, Smith...

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