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NIAGARA OF BUFFALO v. NIAGARA MANUFACTURING AND DISTRIBUTING CORPORATION

No. 100, Docket 25214.

262 F.2d 106 (1958)

NIAGARA OF BUFFALO, Inc., Plaintiff-Appellant, v. NIAGARA MANUFACTURING AND DISTRIBUTING CORPORATION, Defendant-Respondent.

United States Court of Appeals Second Circuit.

Decided December 31, 1958.

Attorney(s) appearing for the Case

Borins & Snitzer, Buffalo, N. Y., for plaintiff-appellant.

Jaeckle, Fleischmann, Kelly, Swart & Augspurger, Buffalo, N. Y., for defendant-respondent. John B. Walsh, Adelbert Fleischmann and Manly Fleischmann, Buffalo, N. Y., of counsel.

Before SWAN, MEDINA and WATERMAN, Circuit Judges.

PER CURIAM.

This is an action under 15 U.S.C.A. § 15 to recover treble damages for alleged violations of the anti-trust laws. Defendant moved under Rule 12(b), Fed. Rules Civ.Proc. 28 U.S.C.A. to dismiss each count of the amended complaint for failure to state facts sufficient to constitute a cause of action, and for failure to state a claim upon which relief can be granted. The motion was granted and the complaint dismissed.

In his opinion, reported...

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