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OZDOBA v. VERNEY BRUNSWICK MILLS

152 F.Supp. 136 (1946)

Jesse OZDOBA and Marian Berlfein, doing business under the firm name and style of Ronald Fabrics Company, Plaintiffs, v. VERNEY BRUNSWICK MILLS, Inc.; Verney Fabrics Corp.; Verney Mills, Inc.; Gilbert Verney; Harrison C. Biggi; Oliver Iselin and Floyd W. Jefferson, individually and as copartners, doing business under the firm name and style of Iselin-Jefferson Co.; Cabot Manufacturing Co., Inc.; Jacob Ziskind; and First National Bank of Boston, Defendants.

United States District Court S. D. New York.

November 13, 1946.

Attorney(s) appearing for the Case

J. Norman Lewis, and Herbert N. Bobrow, New York City, by J. Norman Lewis, James P. Durante and Benjamin Bartel, New York City, for plaintiffs.

Weil, Gotshal & Manges, New York City, by Horace S. Manges, Jacob F. Raskin and Murray W. Neitlich, New York City, for defendants Verney Brunswick Mills, Inc., Verney Fabrics Corp., Verney Mills, Inc., Gilbert Verney and Harrison C. Biggi.

Kobbe, Thatcher & Frederick, by Karl T. Frederick, New York City, for defendant Floyd W. Jefferson.

BONDY, District Judge.

These are motions to dismiss the action because the complaint fails to state a claim against the moving defendants upon which relief can be granted. The action was brought to recover treble damages for and to enjoin alleged violations of Sections 1 and 2 of the Sherman Anti-Trust Act and Section 7 of the Clayton Act, 15 U.S.C.A. §§ 1, 2, 18.

The first cause of action sets forth an alleged conspiracy in restraint of interstate...

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