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MACKEY v. SEARS, ROEBUCK & CO.

No. 11225.

237 F.2d 869 (1956)

Bruce A. MACKEY, Individually and Time Saver Tools, Inc., Plaintiffs-Appellants, v. SEARS, ROEBUCK & CO., Defendant Appellee.

United States Court of Appeals Seventh Circuit.

November 1, 1956.

Attorney(s) appearing for the Case

John Paul Stevens, Edward I. Rothschild, Chicago, Ill., for plaintiff-appellant, Rothschild, Hart, Stevens & Barry, Chicago, Ill., of counsel.

Leo H. Arnstein, Chicago, Ill., for appellee, Lederer, Livingston, Kahn & Adsit, Chicago, Ill., of counsel.

Before DUFFY, Chief Judge, and MAJOR and SWAIM, Circuit Judges.

DUFFY, Chief Judge.

The complaint herein containing six Counts was filed by two plaintiffs, Bruce A. Mackey, an individual, and Time Saver Tools, Inc., a corporation, which was wholly owned by Mackey. Hereinafter they shall be referred to as plaintiff.

The gist of the complaint is that since 1949 Sears has directed a course of predatory conduct successively at three business ventures carried on by plaintiff, namely, 1) by localized price cutting which destroyed...

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