COMMISSIONER OF INT. REV. v. OBEAR-NESTER GLASS CO.

No. 11140.

217 F.2d 56 (1954)

COMMISSIONER OF INTERNAL REVENUE v. OBEAR-NESTER GLASS COMPANY.

United States Court of Appeals Seventh Circuit.

November 15, 1954.


Attorney(s) appearing for the Case

H. Brian Holland, Asst. Atty. Gen., Tax Division, Melva M. Graney, Ellis N. Slack, Sp. Assts. to the Atty. Gen., for petitioner.

William R. MacGreevy, Henry C. Lowenhaupt, St. Louis, Mo., for respondent, Lowenhaupt, Mattingly, Chasnoff & Stolar, St. Louis, Mo., of counsel.

Before DUFFY, Chief Judge, MAJOR and SWAIM, Circuit Judges.


SWAIM, Circuit Judge.

The respondent, Obear-Nester Glass Company, a Missouri corporation whose principal place of business is in Illinois, brought suit against the Hartford-Empire Company for treble damages under the federal anti-trust laws. 15 U.S.C.A. § 1 et seq. The Hartford-Empire Company eventually paid petitioner $1,000,000 in full settlement of the claim. The parties agree that one-third of the settlement represents respondent's actual damages but not...

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