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BOWLING MACHINES, INC. v. FIRST NATIONAL BANK OF BOSTON

No. 5637.

283 F.2d 39 (1960)

BOWLING MACHINES, INC., Plaintiff, Appellant, v. FIRST NATIONAL BANK OF BOSTON et al., Defendants, Appellees.

United States Court of Appeals First Circuit.

September 26, 1960.

Attorney(s) appearing for the Case

James M. Malloy, Ralph Warren Sullivan, Morton Myerson, Leo V. Concannon, and Malloy, Sullivan & Myerson, Boston, Mass., on brief for appellant.

Joseph Ford, Thomas W. Wiley, and Bingham, Dana & Gould, Boston, Mass., on brief for First National Bank of Boston, appellee.

Robert W. Meserve, John R. Hally, and Nutter, McLennen & Fish, Boston, Mass., on brief for William F. Smith, appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

We have before us motions to dismiss an appeal from a judgment dismissing "all claims" against two of five defendants, hereinafter termed appellees, named in a complaint alleging violation of sections 1 and 2 of the Sherman Act, and section 2(a) of the Clayton Act, 15 U.S. C.A. §§ 1, 2, 13(a).1 Trial was commenced against all five defendants. At the conclusion of appellant's case on liability, the court...

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