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EVENING NEWS PUB. CO. v. ALLIED NEWSPAPER CAR. OF N. J.

No. 12647.

263 F.2d 715 (1959)

EVENING NEWS PUBLISHING COMPANY, a Corporation, Plaintiff-Appellee, v. ALLIED NEWSPAPER CARRIERS OF NEW JERSEY, a Corporation, et al., Defendants-Appellants.

United States Court of Appeals Third Circuit.

Decided February 20, 1959.

Attorney(s) appearing for the Case

Jerome C. Eisenberg, Newark, N. J. (Eisenberg & Spicer, Newark, N. J., Ralph Neibart, Newark, N. J., on the brief), for defendants-appellants.

Edward J. Gilhooly, Newark, N. J. (Gilhooly, Yauch & Fagan, Newark, N. J., Riker, Emery & Danzig, Charles Danzig, Newark, N. J., on the brief), for plaintiff-appellee.

Before BIGGS, Chief Judge, and MARIS and McLAUGHLIN, Circuit Judges.

McLAUGHLIN, Circuit Judge.

This anti-trust litigation arises from defendants' efforts to force plaintiff to eliminate newsboy home delivery of plaintiff's newspapers, The Newark, New Jersey Evening and Sunday News.

The defendants consist of 19 home delivery dealers and a New Jersey non-profit corporation, Allied Newspaper Carriers of New Jersey, formed by the individual defendants in August, 1956. The corporation...

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