BURNHAM CHEMICAL CO. v. BORAX CONSOLIDATED

No. 11766.

170 F.2d 569 (1948)

BURNHAM CHEMICAL CO. v. BORAX CONSOLIDATED, Limited, et al.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 6, 1948.


Attorney(s) appearing for the Case

Sterling Carr, of San Francisco, Cal. (Thurman Arnold, of Washington, D. C., of counsel), for appellant.

Maurice E. Harrison, Moses Lasky, and Brobeck, Phleger & Harrison, all of San Francisco, Cal., and Gurney Newlin, Paul Sandmeyer, and Newlin, Holley, Sandmeyer & Tackabury, all of Los Angeles, Cal., for appellees Borax Consol. Pacific Coast Borax Co. and U. S. Borax Co.

Joseph W. Burns, Fulton, Walter & Halley, Michael F. McCarthy, and Oliver & Donnally, all of New York City, and Charles A. Beardsley, of Oakland, Cal., for appellee American Potash & Chemical Corporation.

Before MATHEWS, HEALY, and BONE, Circuit Judges.


BONE, Circuit Judge.

This is an appeal from a final judgment of the district court entered on May 9, 1947, dismissing appellant's action for treble damages brought in July, 1945 under Section 4 of the Clayton Act, 15 U.S.C.A. § 15. Appellant, a Nevada corporation, brought the action for damages claimed to have been sustained by it as the result of a conspiracy or conspiracies by appellee corporations. The prayer of the complaint is for an award of money (trebled...

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