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RADIANT BURNERS, INC. v. PEOPLES GAS, LIGHT & COKE CO.

No. 12638.

273 F.2d 196 (1959)

RADIANT BURNERS, INC., Plaintiff-Appellant, v. PEOPLES GAS, LIGHT AND COKE COMPANY, Natural Gas Pipeline Company of America, Texas-Illinois Natural Gas Pipeline Co., Crown Stove Works, Northern Illinois Gas Company, Florence Stove Company, Sellers Engineering Company, Gas Appliance Service, Inc., Autogas Corporation, Norge Sales Corporation and American Gas Association, Inc., Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied January 27, 1960.

Attorney(s) appearing for the Case

Charles F. Marino, Chicago, Ill. (Joseph Keig, Sr., John O'C. FitzGerald, Victor Neumark, Chicago, Ill., on the brief), for plaintiff-appellant.

Samuel Weisbard, George J. O'Grady, and Clarence H. Ross, Chicago, Ill. (Ross, McGowan & O'Keefe, Chicago, Ill., of counsel), for defendant-appellee.

Robert W. Murphy, James W. Good, Jr., Chicago, Ill., Horace R. Lamb, New York City, Charles K. Bobinette, Chicago, Ill. (LeBoeuf, Lamb & Leiby, New York City, of counsel), for American Gas Association, Inc., defendant-appellee.

Harold A. Smith, Justin A. Stanley, Robert E. Cronin, A. Daniel Feldman, Chicago, Ill., for defendant-appellee, Northern Illinois Gas Co.

Before HASTINGS, Chief Judge, DUFFY and CASTLE, Circuit Judges.

CASTLE, Circuit Judge.

Radiant Burners, Inc., plaintiff-appellant, (herein called plaintiff) a manufacturer of conversion gas burners and gas furnaces brought suit in the District Court seeking recovery of treble damages from and injunctive relief against defendants-appellees. Plaintiff's second amended complaint charged defendants with conspiracy and combination, in violation of 15 U.S.C.A. § 1, for the purpose of controlling the manufacture, sale, use and installation...

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