C. E. STEVENS CO. v. FOSTER & KLEISER CO.

No. 9215.

109 F.2d 764 (1940)

C. E. STEVENS CO. et al. v. FOSTER & KLEISER CO. et al.

Circuit Court of Appeals, Ninth Circuit.

February 19, 1940.


Attorney(s) appearing for the Case

Roy E. Jackson, Jones & Bronson, H. B. Jones, and Robert E. Bronson, all of Seattle, Wash., for appellants.

Morrison, Hohfeld, Foerster, Shuman & Clark and Herbert W. Clark, all of San Francisco, Cal., and Kerr, McCord & Carey, and Stephen V. Carey, all of Seattle, Wash. (J. Hart Clinton, of San Francisco, Cal., of counsel), for appellees.

Before WILBUR, HANEY, and HEALY, Circuit Judges.


WILBUR, Circuit Judge.

This is an appeal from an order of the District Court sustaining appellees' demurrer to appellants' complaint without leave to amend on the ground that no cause of action was alleged. The action was filed under Section 7 of the Sherman Anti-Trust Act (Act of July 2, 1890, Chap. 647, 26 Stat. 209, as superseded by Act of Oct. 15, 1914, Chap. 323, § 4, 38 Stat. 731, 15 U.S. C.A. § 15).1 Both parties are engaged...

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