STATE OF OKLAHOMA v. AMERICAN BOOK CO.

No. 2896.

144 F.2d 585 (1944)

STATE OF OKLAHOMA ex rel. PHILLIPS, Governor of Oklahoma, v. AMERICAN BOOK CO. et al.

Circuit Court of Appeals, Tenth Circuit.

August 15, 1944.


Attorney(s) appearing for the Case

Gomer Smith, of Oklahoma City, Okl. (A. L. Beckett, of Oklahoma City, Okl., on the brief), for appellant.

D. A. Richardson and J. B. Dudley, both of Oklahoma City, Okl. (Richardson, Shartel, Cochran & Pruet, Dudley, Duvall & Dudley, Keaton, Wells & Johnston, Rainey, Flynn, Green & Anderson, Ames, Monnet, Hayes & Brown, Bohanon & Adams, and Shirk, Gilliland, Ogden, Withington & Shirk, all of Oklahoma City, Okl., Hatcher & Bond, of Chickasha, Okl., Leonard Savage, B. B. Blakeney, and J. R. Blakeney, all of Oklahoma City, Okl., George D. Mills, of Chicago, Ill., Cruce, Satterfield & Grigsby, of Oklahoma City, Okl., Wallace G. Hughes, of Guymon, Okl., Sims, Handy & McKnight, of Chicago, Ill., Falkenstine & Fisher, of Watonga, Okl., Pierce, McClelland, Kneeland & Bailey, Rittenhouse, Webster, Hanson & Rittenhouse, and J. Berry King, all of Oklahoma City, Okl., Busby, Harrell & Trice, of Ada, Okl., Howell Parks, of Muskogee, Okl., Wilson & McIlvaine, of Chicago, Ill., Kirk, Phipps, Campbell & Latting, of Oklahoma City, Okl., Thomas P. Holt, of Ada, Okl., Walter L. Gray, of Oklahoma City, Okl., and Lester A. Jaffe, of Cincinnati, Ohio, on the brief), for appellees.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.


PHILLIPS, Circuit Judge.

This action was brought by the State of Oklahoma, on the relation of Leon C. Phillips, the Governor of Oklahoma, to recover treble damages for alleged violations of the Sherman Anti-Trust Act1 in the matter of the adoption and sale of school textbooks for the common schools of Oklahoma.

The original complaint was filed December 31, 1942. It alleged a combination and conspiracy in restraint of interstate...

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