KEASBEY & MATTISON CO. v. FEDERAL TRADE COM'N

Nos. 9826-9829.

159 F.2d 940 (1947)

KEASBEY & MATTISON CO. et al. v. FEDERAL TRADE COMMISSION. NORRISTOWN MAGNESIA & ASBESTOS CO. et al. v. SAME. ACME ASBESTOS COVERING & FLOORING CO. et al. v. SAME. PLANT RUBBER & ASBESTOS WORKS v. SAME.

Circuit Court of Appeals, Sixth Circuit.

February 17, 1947.


Attorney(s) appearing for the Case

Philip L. Leidy, of Philadelphia, Pa., (John J. Kelly, John J. Kelly, Jr. and George Gilman Kelly, all of Chicago, Ill. on the brief), for petitioner Standard Asbestos Mfg. Co.

John Sailer and Philip L. Leidy, both of Philadelphia, Pa., (Pepper, Bodine & Stokes, of Philadelphia, Pa., and Taft, Stettinius & Hollister, of Cincinnati, Ohio, of counsel), for petitioner Keasbey & Mattison Co.

Albert L. Wolfe and Cyrus B. Austin, both of New York City, Moses Lasky, Herman Phleger, and Theodore R. Meyer, all of San Francisco, Cal., and Richard D. Daniels, of Washington, D.C. (Guy George Gabrielson and Cadwalader, Wickersham & Taft, all of New York City, on the brief; Albert L. Wolfe, F. Sims McGrath, and Cyrus Austin, all of New York City and Taft, Stettinius & Hollister, of Cincinnati, Ohio, of counsel), for other petitioners.

W. T. Kelley, Walter B. Wooden and Floyd O. Collins, all of Washington, D.C., for respondent.

Before HICKS, ALLEN and MARTIN, Circuit Judges.


ALLEN, Circuit Judge.

The petitioner corporations,1 which compete with each other in the manufacture, processing, sale and interstate distribution of insulating materials and insulating articles fabricated therefrom, were charged with entering into an agreement with each other and petitioner Donald Tulloch, Jr., prior to and during the year 1934, for the purpose and intent and with the effect of substantially restricting and eliminating...

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