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McELHENNEY CO. v. WESTERN AUTO SUPPLY COMPANY

No. 7813.

269 F.2d 332 (1959)

McELHENNEY CO., Inc., W. F. Snipes, George Toole, Mac Toole, R. P. Swofford, Charles L. Gasque and Harry Clinkscales, Appellants, v. WESTERN AUTO SUPPLY COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided July 16, 1959.

Attorney(s) appearing for the Case

Chester D. Ward, Jr., Spartanburg, S. C., for appellants.

James C. Wilson, Kansas City, Mo., and Alfred F. Burgess, Greenville, S. C. (Carl E. Enggas, Colvin A. Peterson, Jr., Kansas City, Mo., Wyche, Burgess & Wyche, Greenville, S. C., and Watson, Ess, Marshall & Enggas, Kansas City, Mo., on the brief), for appellee.

Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.

SOBELOFF, Chief Judge.

A suit claiming various sums aggregating $2,241,000 as treble damages was brought against the Western Auto Supply Company charging it with having violated Section 3 of the Clayton Act,1 15 U.S.C.A. § 14, and Section 2 of the Sherman Act,2 15 U.S.C.A. § 2.

The five individual plaintiffs are the owners of five stores in South Carolina and one in Georgia which in the past...

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