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HANOVER SHOE, INC. v. UNITED SHOE MACHINERY CORP.

Civ. A. No. 5395.

185 F.Supp. 826 (1960)

HANOVER SHOE, INC., Plaintiff, v. UNITED SHOE MACHINERY CORPORATION, Defendant.

United States District Court M. D. Pennsylvania.

February 12, 1960.

Attorney(s) appearing for the Case

Ralph M. Carson, of Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, Warren, Hill, Henkelman & McMenamin, Scranton, Pa., for defendant.

Breck P. McAllister, of Donovan, Leisure, Newton & Irvine, New York City, Nogi, O`Malley & Harris, Scranton, Pa., for plaintiff.

GOODRICH, Circuit Judge.

This is an action based on the provisions of Section 4 of the Clayton Act1 to recover treble damages for alleged injury resulting from claimed violation of Section 2 of the Sherman Act, 15 U.S.C.A. § 2, by defendant. Following pre-trial conferences Judge Murphy, prior to his illness, ordered, and counsel for the respective parties agreed to, trial of a separate

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