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ROGERS v. DOUGLAS TOBACCO BOARD OF TRADE

No. 16284.

244 F.2d 471 (1957)

B. B. ROGERS et al., Appellants, v. The DOUGLAS TOBACCO BOARD OF TRADE, Inc., et al., Appellees. Charles B. HOLCOMB, Administrator, and Virginia H. Gambill, Administratrix, of the estate of Rady E. Holcomb, deceased, Appellants, v. B. B. ROGERS et al., Appellees.

United States Court of Appeals Fifth Circuit.

May 9, 1957.

Attorney(s) appearing for the Case

Norman M. Littell, Charles J. Alexander, Washington, D. C., John G. Kopp, J. Edwin Peavy, Waycross, Ga., for appellants Rogers and others.

George E. Maddox, Douglas, Ga., R. Glenn Key, Winston-Salem, N. C., Gibson & Maddox, Douglas, Ga., for appellants Holcomb and others.

E. Kontz Bennett, Waycross, Ga., Montgomery L. Preston, Douglas, Ga., Harold F. Baker, Washington, D. C., A. W. Gholson, Jr., Henderson, N. C., for Douglas Tobacco, and others.

Before HUTCHESON, Chief Judge, and RIVES and BROWN, Circuit Judges.

RIVES, Circuit Judge.

In an action for treble damages for alleged violations of the Sherman Anti-Trust Act,1 the district court sustained the motions of the defendants to dismiss and for judgment on the pleadings, and this appeal ensued.

The basic facts as established by the pleadings, admissions and affidavits are substantially without dispute. We shall heed Judge Sibley's wise admonition...

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