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BROSIOUS v. PEPSI-COLA CO.

No. 8905.

155 F.2d 99 (1946)

BROSIOUS v. PEPSI-COLA CO. et al.

Circuit Court of Appeals, Third Circuit.

Decided April 19, 1946.

Attorney(s) appearing for the Case

Miller Alanson Johnson, of Lewisburg, Pa., on the brief, for appellant.

Arthur T. Vanderbilt, of Newark, N. J. (Snyder, Hull, Leiby & Metzger and Walter H. Compton, all of Harrisburg, Pa., and G. Dixon Speakman and Herbert E. Armstrong, both of Newark, N. J., on the brief), for appellee Pepsi-Cola Co.

Robert Stinson, of Baltimore, Md. (Cloyd Steininger, of Lewisburg, Pa., and Ober, Williams & Stinson, of Baltimore, Md., on the brief), for appellee Cloverdale Spring Co.

Before ALBERT LEE STEPHENS, GOODRICH, and McLAUGHLIN, Circuit Judges.

STEPHENS, Circuit Judge.

In this action William G. Brosious prays a judgment for treble damages, interest thereon, and attorney fees, alleging an illegal conspiracy between two corporations, Pepsi-Cola Company and Cloverdale Spring Company, defendants. Anti-Trust Laws, 15 U.S.C.A. § 15.

At the conclusion of the plaintiff's case, the trial court granted defendants' motion to dismiss the action, holding that the evidence introduced did not support the allegation...

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