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WHOLESALE DRY GOODS INSTITUTE, INC. v. FEDERAL TRADE COMMISSION

No. 3.

139 F.2d 230 (1943)

WHOLESALE DRY GOODS INSTITUTE, Inc., et al. v. FEDERAL TRADE COMMISSION.

Circuit Court of Appeals, Second Circuit.

Writ of Certiorari Denied February 7, 1944.

Attorney(s) appearing for the Case

Charles H. Tuttle, of New York City, for petitioners.

Everette MacIntyre, of Washington, D. C., for respondent.

Before L. HAND, CLARK, and FRANK, Circuit Judges.

Writ of Certiorari Denied February 7, 1944. See 64 S.Ct. 528.

PER CURIAM.

The Supreme Court held in Eastern States Retail Lumber Dealers Ass'n v. United States, 234 U.S. 600, 34 S.Ct. 951, 58 L.Ed. 1490, L.R.A.1915A, 788, that retailers who combined not to buy of such jobbers as sold direct to the consumer, were within the Sherman Act, 15 U.S.C.A. §§ 1-7, 15 note, and that it was no excuse "that the course pursued...

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