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CUMMER-GRAHAM CO. v. STRAIGHT SIDE BASKET CORP.

No. 10756.

142 F.2d 646 (1944)

CUMMER-GRAHAM CO. v. STRAIGHT SIDE BASKET CORPORATION.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied June 5, 1944.

Attorney(s) appearing for the Case

O. B. Fisher, of Paris, Tex., and Frederick P. Cranston, of Denver, Colo., for appellant.

Gaius G. Gannon, of Houston, Tex., Elmer L. Lincoln of Texarkana, Tex., and Ned A. Stewart, of Texarkana, Ark., and H. S. Gray, of Benton Harbor, Mich., for appellee.

Before SIBLEY, HUTCHESON, and LEE, Circuit Judges.

SIBLEY, Circuit Judge.

The appellant sued appellee for damages growing out of a breach of oral promises to maintain a uniform price fixed by appellee to be charged for all baskets made and sold by all licensees under a patent owned by appellee which covered an attachment for basket-making machines. The suit was dismissed on motion mainly on the ground that the agreements were in restraint of commerce and illegal under the Sherman Anti-Trust Act, 15 U.S.C.A. §...

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