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McELHENNEY CO. v. WESTERN AUTO SUPPLY COMPANY

No. 8121.

287 F.2d 524 (1960)

McELHENNEY CO., Inc., W. F. Snipes, J. T. 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 November 2, 1960.

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., (Louis L. Poplinger, Kansas City, Mo., and Wyche, Burgess & Wyche, Greenville, S. C., on the brief) for appellee.

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

PER CURIAM.

When this treble damage action for violation of the anti-trust law came here in an earlier appeal we remanded the case to afford the plaintiffs an opportunity to apply to the District Court for leave to amend their complaint. 4 Cir., 269 F.2d 332. An amended complaint was submitted by the plaintiffs to that court together with an appropriate motion for leave to file the same. The defendant opposed the plaintiffs' motion...

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