GOODYEAR TIRE & RUBBER CO. v. FEDERAL TRADE COMMISSION

No. 7369.

101 F.2d 620 (1939)

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

Circuit Court of Appeals, Sixth Circuit.

February 16, 1939.


Attorney(s) appearing for the Case

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

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

Before HICKS, SIMONS, and HAMILTON, Circuit Judges.


SIMONS, Circuit Judge.

The cease and desist order sought to be reviewed charges the petitioner with violation of § 2 of the Clayton Act, 15 U.S.C.A. § 13, by discriminating in the price of tires between those sold in interstate commerce to Sears, Roebuck & Company on the one hand and to dealers on the other, with the effect of lessening competition and tending to create a monopoly in their manufacture and distribution.

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