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SCHWING MOTOR COMPANY v. HUDSON SALES CORPORATION

Civ. A. Nos. 6362, 6363.

138 F.Supp. 899 (1956)

SCHWING MOTOR COMPANY, Incorporated, a Maryland corporation, Plaintiff, v. HUDSON SALES CORPORATION, a Michigan corporation, et al. BELAIR ROAD HUDSON, Inc., a Maryland corporation, Plaintiff, v. HUDSON SALES CORPORATION, a Michigan corporation, et al. Defendants.

United States District Court D. Maryland, Civil Division.

February 28, 1956.

Attorney(s) appearing for the Case

D. Sylvan Friedman and Wilson K. Barnes, Baltimore, Md., for plaintiffs.

William L. Marbury and John Martin Jones, Jr., Baltimore, Md., and Richard W. Larwin and Beaumont, Smith & Harris, Detroit, Mich., for Hudson Sales Corp., Hudson Motor Car Co., and Frank Burnham.

John S. Stanley, Roger A. Clapp and Hershey Donaldson, Williams & Stanley, Baltimore, Md., for Bankert Hudson, Inc., and Martin A. Bankert.

THOMSEN, Chief Judge.

Defendants have moved to dismiss the amended complaints on the ground that they do not state claims upon which relief can be granted in these two actions, which are brought to recover treble damages under the anti-trust laws, 15 U.S. C.A. §§ 1, 2, 15. Motions to dismiss the original complaints on the same ground were granted by Judge Coleman, with leave to amend. The principal question in each case is whether an agreement between an...

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