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MARION COUNTY COOPERATIVE ASS'N v. CARNATION CO.

No. 14966.

214 F.2d 557 (1954)

MARION COUNTY COOPERATIVE ASS'N. v. CARNATION CO.

United States Court of Appeals Eighth Circuit.

Rehearing Denied July 22, 1954.

Attorney(s) appearing for the Case

Gideon H. Schiller, Clayton, Mo. (Franklin E. Reagan and Adolph K. Schwartz, St. Louis, Mo., and Luther H. Cavaness, Yellville, Ark., were with him on the brief), for appellant.

P. H. Hardin and G. C. Hardin, Fort Smith, Ark. (J. Clib Barton and Chas. R. Garner, Fort Smith, Ark., were with them on the brief), for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and THOMAS, Circuit Judges.

WOODROUGH, Circuit Judge.

Appellant brought suit for treble damages for alleged violation of the Sherman Anti-Trust Act of 1890, 15 U.S.C.A. §§ 1-7, and 15 U.S.C.A. § 15.1 The trial court sustained appellee's motion for summary judgment under Rule 56, F.R.C.P., 28 U. S.C.A. The sole question on this appeal is whether the court erred in sustaining said motion. The parties will be referred to as they appeared in the court...

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