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WHITE BEAR THEATRE CORP. v. STATE THEATRE CORP.

No. 12201.

129 F.2d 600 (1942)

WHITE BEAR THEATRE CORPORATION v. STATE THEATRE CORPORATION et al.

Circuit Court of Appeals, Eighth Circuit.

July 13, 1942.

Attorney(s) appearing for the Case

Louis B. Schwartz, of Minneapolis, Minn. (Samuel P. Halpern, of Minneapolis, Minn., on the brief), for appellant.

Stan D. Donnelly, of St. Paul, Minn. (Gordon Shepard and Oppenheimer, Hodgson, Brown, Donnelly & Baer, all of St. Paul, Minn., on the brief), for appellees.

Before GARDNER, WOODROUGH, and JOHNSEN, Circuit Judges.

JOHNSEN, Circuit Judge.

The question is whether the monopoly, which plaintiff's evidence showed that defendants had conspired and attempted to establish, was one which fell within the operation of section 2 of the Sherman Act, 26 Stat. 209, 15 U.S.C.A. § 2,1 and which could afford the basis for an action for threefold damages under section 4 of the Clayton Act,2 38 Stat. 731, 15 U.S.C.A. § 15. The...

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