McGOHEY, District Judge.
The defendant in this suit under the Antitrust laws for treble damages totaling $3,111,000, moves, pursuant to Rule 12 of the Federal Rules of Civil Procedure, 28 U.S.C.A., to dismiss the complaint "on the merits" for failure to state a claim on which relief can be granted and "for judgment accordingly," because, as it contends, the complaint shows on its face that the unlawful conspiracy and monopoly charged were effectuated by acts which...
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