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GOODYEAR TIRE & RUBBER CO. v. FEDERAL TRADE COM'N

No. 7369.

92 F.2d 677 (1937)

GOODYEAR TIRE & RUBBER CO. v. FEDERAL TRADE COMMISSION.

Circuit Court of Appeals, Sixth Circuit.

November 5, 1937.

Attorney(s) appearing for the Case

Grover Higgins, of Cleveland, Ohio (Newton D. Baker and H. Chapman Rose, of Cleveland, Ohio, on the brief), for petitioner.

Everett F. Haycraft and W. T. Kelley, both of Washington, D. C. (Martin A. Morrison, Pgad B. Morehouse, and James W. Nichol, all of Washington, D. C., on the brief), for respondent.

Before HICKS and SIMONS, Circuit Judges, and HAMILTON, District Judge.

SIMONS, Circuit Judge.

The petitioner is a manufacturer of automobile tires, and by respondent's complaint of September 13, 1933, was charged with violation of section 2 of the Clayton Act (U.S.C.A., title 15, § 13), by discriminating in the price of tires between those sold in interstate commerce to Sears, Roebuck & Co., and those sold to independent Goodyear dealers, with the effect of lessening competition and tending to create a monopoly both in manufacture...

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