BARNES COAL CORP. v. RETAIL COAL MERCHANTS ASS'N

No. 4930.

128 F.2d 645 (1942)

BARNES COAL CORPORATION v. RETAIL COAL MERCHANTS ASS'N et al.

Circuit Court of Appeals, Fourth Circuit.

May 29, 1942.


Attorney(s) appearing for the Case

George E. Allen, of Richmond, Va. (George E. Allen, Jr., and Allen & Allen, all of Richmond, Va., on the brief), for appellant.

Ralph T. Catterall, of Richmond, Va., Christopher B. Garnett and George W. Dalzell, both of Washington, D. C., and Guy B. Hazelgrove, of Richmond, Va. (Williams, Mullen & Hazelgrove, Hunton, Williams, Anderson, Gay & Moore, Wirt P. Marks, Jr., Irvin G. Craig, and M. J. Fulton, all of Richmond, Va., Charles E. Mahan and Stanley C. Higgins, Jr., both of Fayetteville, W. Va., Barbour, Garnett, Pickett, Keith & Glassie, of Fairfax, Va., Landon C. Bell, of Columbus, Ohio, and Fred O. Blue and Charles M. Love, both of Charleston, W. Va., on the brief), for appellees.

Before PARKER, SOPER and DOBIE, Circuit Judges.


PARKER, Circuit Judge.

This is an action instituted by a retail coal dealer to recover triple damages pursuant to 15 U.S.C.A. § 15. The complaint alleges a conspiracy among the defendants violative of the Sherman Anti-Trust Act of 1890, as amended, Title 15, secs. 1 to 7, 15 note, U.S.C.A., the Clayton Act of 1914, Title 15, secs. 12 to 27, U.S.C.A. and the Robinson-Patman Act of 1936, amending sec. 2 of the Clayton Act, 15 U.S.C.A. § 13. It claims that...

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