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INTERNATIONAL LADIES' GARMENT W. U. v. DONNELLY G. CO.

No. 11605.

121 F.2d 561 (1941)

INTERNATIONAL LADIES' GARMENT WORKERS' UNION et al. v. DONNELLY GARMENT CO. et al.

Circuit Court of Appeals, Eighth Circuit.

July 11, 1941.

Attorney(s) appearing for the Case

Emil Schlesinger, of New York City (Nathan Greene, of New York City, Charles A. Horsky, of Washington, D. C., Jerome Walsh, of Kansas City, Mo., and Joseph A. Padway and Graham Claytor, Jr., both of Washington, D. C., on the brief), for appellants.

James A. Reed and William S. Hogsett, both of Kansas City, Mo. (Robert J. Ingraham, of Kansas City, Mo., on the brief), for appellees Donnelly Garment Co. and Donnelly Garment Sales Co.

Frank E. Tyler, of Kansas City, Mo. (Thomas J. Patten and Lucian Lane, both of Kansas City, Mo., on the brief), for appellees Donnelly Garment Workers' Union.

Before GARDNER, SANBORN, and WOODROUGH, Circuit Judges.

SANBORN, Circuit Judge.

The appellees, in their petitions for rehearing, argue that we have misconstrued and misapplied the recent rulings of the Supreme Court referred to in our opinion. They assert that the record sufficiently discloses that the necessary effect of the threatened activities of appellants would be to create or to tend to create a monopoly and to affect prices to the prejudice of consumers, to bring the case within the Sherman Act. Appellees in effect...

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