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BRAGEN v. HUDSON COUNTY NEWS COMPANY

No. 12914.

278 F.2d 615 (1960)

Francis G. BRAGEN, Plaintiff-Appellant v. HUDSON COUNTY NEWS COMPANY, Inc.

United States Court of Appeals Third Circuit.

Decided May 25, 1960.

Attorney(s) appearing for the Case

Doane Regan, Newark, N. J. (Rothbard, Harris & Oxfeld, Samuel L. Rothbard, Emil Oxfeld, Newark, N. J., on the brief), for appellant.

Joseph Halper, New York City (Abraham Gottlieb, Jersey City, N. J., Bandler & Kass, Julius Kass, New York City, on the brief), for appellee.

Before McLAUGHLIN, KALODNER and STALEY, Circuit Judges.

KALODNER, Circuit Judge.

Was there, in this action for treble damages for alleged violations of the Sherman Anti-Trust Act,1 a genuine issue as to a material fact which, under well-settled principles, precluded an entry of summary judgment?

That is the critical issue presented by this appeal from the Order of the District Court for the District of New Jersey granting defendant's motion for summary judgment.2<...

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