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WESTMORELAND ASBESTOS CO. v. JOHNS-MANVILLE CORP.

39 F.Supp. 117 (1941)

WESTMORELAND ASBESTOS CO., Inc., et al. v. JOHNS-MANVILLE CORPORATION et al.

District Court, S. D. New York.

January 10, 1941.

Attorney(s) appearing for the Case

Weissberger & Leichter, of New York City (M. M. Leichter and John L. Ketcham, both of New York City, of counsel), for plaintiffs.

Davis, Polk, Wardwell, Gardiner & Reed, of New York City (Theodore Kiendl, Russel S. Coutant, A. S. Edmonds, and Francis W. Phillips, all of New York City, of counsel), for defendants.

KNOX, District Judge.

Defendants have moved for summary judgment dismissing the complaint insofar as it purports to state a claim for relief in favor of Westmoreland Asbestos Company, Inc., and Home Insulation Company, Inc.

The action, by way of a consolidated complaint, seeks treble damages under the Anti-Trust laws, 15 U.S.C.A. § 1 et seq., it being alleged that defendants conspired to obtain a monopoly of the business in which plaintiffs were engaged...

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