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MARKS FOOD CORPORATION v. BARBARA ANN BAKING CO.

No. 16095.

274 F.2d 934 (1959)

MARKS FOOD CORPORATION, a corporation, et al., Appellants, v. BARBARA ANN BAKING CO., a corporation, et al., Appellees.

United States Court of Appeals Ninth Circuit.

As Amended January 25, 1960.

As Amended on Denial of Rehearing February 29, 1960.

Attorney(s) appearing for the Case

Alfred C. Ackerson, Los Angeles, Cal., for appellants.

Heller, Ehrman, White & McAuliffe, Samuel S. Stevens, San Francisco, Cal., for appellees Langendorf United Bakeries, Inc., and Barbara Ann Baking Co.

Vernon Bettin, Dolley, Jessen & Painter, Los Angeles, Cal., for appellee Oroweat Baking Co.

Overton, Lyman & Prince, Carl J. Schuck, Lawrence J. Larson, Los Angeles, Cal., for appellee Barbara Ann Baking Co.

Loeb & Loeb, Francis G. Stapleton, John L. Cole, Robert A. Holtzman, Los

Angeles, Cal., for appellee Continental Baking Co.

Gibson, Dunn & Crutcher, Julian O. Von Kalinowski, John J. Hanson, for appellees Interstate Bakeries Corporation, et al.

Before STEPHENS, BARNES and JERTBERG, Circuit Judges.

STEPHENS, Circuit Judge.

The plaintiffs in this case are several, but by no means all of the Los Angeles retail grocers who purchase bread for resale from defendants who make it. The plaintiffs are suing the defendants for treble damages alleging that defendants have conspired to violate and have violated United States anti-trust statutes, by acts tending to create a monopoly through the fixing of sales prices, giving special discounts and other discriminations against...

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