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NEW HOME APPLIANCE CENTER v. THOMPSON

No. 5627.

250 F.2d 881 (1957)

NEW HOME APPLIANCE CENTER, Inc., Appellant, v. W. G. THOMPSON, the Western Corp., doing business as Western Appliance Corp., W. Dan Bell, William Gibbons, Frances Hammond, William Lujan, Emil Berkowitz, T. E. Braunschweiger, Allied Appliances, Inc., the Denver Area Better Business Bureau, Inc., New York Furniture House, Inc., and the Daniels & Fisher Stores Company, Appellees.

United States Court of Appeals Tenth Circuit.

November 27, 1957.

Attorney(s) appearing for the Case

Dayton Denious, Denver, Colo., for appellant.

John F. Shafroth and George Louis Creamer, Denver, Colo. (W. Clayton Carpenter, Allan R. Phipps, Samuel S. Sherman, Jr., John W. Low and Philip S. Van Cise, Denver, Colo., on the brief), for appellees.

Before MURRAH, PICKETT and LEWIS, Circuit Judges.

MURRAH, Circuit Judge.

Holding that the complaint in this case, as amended, and as attempted to be amended, did not state a claim under the triple damage provisions of the antitrust acts, the trial court dismissed the complaint, and this appeal is from the judgment of dismissal.

The complaint, as amended, alleged that at all times complained of, the complainant was a discount retail dealer of brand name electrical appliances in Denver, Colorado, whose profit...

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