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WOLFE v. NATIONAL LEAD COMPANY

No. 13966.

225 F.2d 427 (1955)

Bernard Mitchell WOLFE and Frederick J. Dannenfelser, Individuals and Co-Partners Doing Business Under the Name and Styles, "Dutch Paint Co." and "Manning-Mitchell Paint Co.," Appellants, v. NATIONAL LEAD COMPANY, a New Jersey Corporation; E. I. du Pont de Nemours and Company, Inc., et al., Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 22, 1955.

Attorney(s) appearing for the Case

Joseph L. Alioto, Maxwell Keith, San Francisco, Cal., for appellants.

Robert E. Burns, Crimmins, Kent, Draper & Bradley, San Francisco, Cal. (James D. Ewing, Milton Handler, John B. Henrich, Eugene Z. DuBose, Stanley D. Robinson, New York City, of counsel), for appellee Nat. Lead Co.

Eugene D. Bennett, Francis R. Kirkham, James Michael, San Francisco, Cal. (James P. Kranz, Jr., New York City, Pillsbury, Madion & Sutro, San Francisco, Cal., of counsel), for appellee E. I. du Pont.

Before DENMAN, Chief Judge, and HEALY and McALLISTER, Circuit Judges.

McALLISTER, Circuit Judge.

This is an appeal from a decree dismissing a private action brought under the antitrust act, and based upon the claim that appellants suffered damage as the result of appellees' conspiracy to restrain trade and to fix prices.

The background of the controversy is as follows: After World War II, the government instituted certain programs designed to help returning veterans get started in business. To the Civilian Production Administration...

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