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PFOTZER v. AQUA SYSTEMS

No. 241, Docket 20557.

162 F.2d 779 (1947)

PFOTZER et al. v. AQUA SYSTEMS, Inc., et al.

Circuit Court of Appeals, Second Circuit.

July 23, 1947.

Attorney(s) appearing for the Case

Frederick W. P. Lorenzen and Dwight, Harris, Koegel & Caskey, all of New York City, (Caesar L. Pitassy, of New York City, of counsel), for appellants.

Louis J. Wolff and Menken, Ferguson & Idler, all of New York City, (John A. Hayes, Jr., of New York City, of counsel), for appellees.

Before L. HAND, CHASE, and CLARK, Circuit Judges.

L. HAND, Circuit Judge.

This appeal is from a judgment for the defendants, entered upon the verdict of a jury in an action to recover treble damages for a conspiracy to violate §§ 1 and 2 of the Sherman Act.1 The only points raised are errors alleged to have been committed by the judge during the course of the trial. The first and most important of these is his failure to charge the jury properly as to the rights of the plaintiffs...

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