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LYNCH v. MAGNAVOX CO.

No. 8471.

94 F.2d 883 (1938)

LYNCH v. MAGNAVOX CO. et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied March 8, 1938.

Attorney(s) appearing for the Case

John H. Klenke, of Los Angeles, Cal., for appellant.

Charles A. Beardsley and M. W. Dobrzensky, both of Oakland, Cal., for appellees.

Before GARRECHT, MATHEWS, and HANEY, Circuit Judges.

HANEY, Circuit Judge.

Appellant brought an action to recover treble damages from appellees for the latter's alleged violations of the Sherman Anti-Trust Act, 15 U.S.C.A. §§ 1-7, 15 note. Appellees demurred to the second amended "Bill of Complaint," which demurrer was sustained, and after appellant elected not to amend, judgment of dismissal was entered. This appeal followed.

It appears from the record that prior to the filing of the complaint in...

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