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DARNELL v. MARKWOOD

No. 11841.

220 F.2d 374 (1954)

Richard C. DARNELL, t/a Abbey Personnel Counselors, Appellant, v. Emmett H. MARKWOOD, Katherine B. Markwood, Leo M. Bernstein & Co., and Clara B. Sennett, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided December 9, 1954.

Attorney(s) appearing for the Case

Mr. Robert S. Moss, Washington, D. C., with whom Mr. Louis P. Haffer, Washington, D. C., was on the brief, for appellant.

Mr. Leonard S. Melrod, Washington, D. C., with whom Messrs. Harry L. Ryan, Jr., and John Monte London, Washington, D. C., were on the brief, for appellees.

Before EDGERTON, WILBUR K. MILLER and FAHY, Circuit Judges.

FAHY, Circuit Judge.

On motion the court dismissed an amended complaint, herein referred to as the complaint, in a civil action under the Sherman Anti-Trust Act,1 holding that it failed to state a cause of action upon which relief could be granted.

The complaint invokes Sections 1, 2, 3 and 15 of Title 15 U.S.C.A.2 Section 1 characterizes as illegal every contract, combination in the form of trust or...

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