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GEN. ANILINE & FILM CORP. v. BAYER CO.

305 N.Y. 479 (1953)

General Aniline & Film Corporation, Respondent, v. Bayer Company, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided July 14, 1953

Attorney(s) appearing for the Case

Paul W. Williams, George S. Hills and Robert G. Zeller for appellants.

Herbert L. Abrons, Donald O. Lincoln, Eugene L. Stewart and Kathryn V. Crean for respondent.

Edward P. Hodges, Acting Assistant Attorney General, Ralph S. Spritzer, Special Assistant to the Attorney General, and Wilbur L. Fugate and Daniel H. Margolis, Attorneys, Department of Justice, for United States of America, amicus curiæ.

LEWIS, Ch. J., CONWAY, DESMOND, DYE and FROESSEL, JJ., concur; VAN VOORHIS, J., taking no part.

FULD, J.

In this action, for breach of contract and for money had and received, a certified question calls upon us to consider the legal sufficiency of two separate and affirmative defenses.

According to the complaint, defendant Bayer1 in 1923 entered into a written agreement — termed an "international cartel arrangement" (per HECHT, J., 188 Misc. 929, 930) —...

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