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CONTINENTAL ORE CO. v. UNION CARBIDE AND CARBON CORP.

No. 16149.

289 F.2d 86 (1961)

CONTINENTAL ORE COMPANY, a Partnership; and Henry J. Leir, Erna D. Leir, Lina Schloss, as Individuals and as Partners under the trade name and style of Continental Ore Company, Appellants, v. UNION CARBIDE AND CARBON CORPORATION; United States Vanadium Corporation; Electro Metallurgical Company; Electro Metallurgical Sales Corporation; Electro Metallurgical Company of Canada, Limited; Vanadium Corporation of America, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 15, 1961.

Attorney(s) appearing for the Case

Joseph L. Alioto, Maxwell Keith, Richard Saveri and G. Joseph Bertain, Jr., San Francisco, Cal., and Cadwalader, Wickersham & Taft, New York City, for appellants.

Herbert W. Clark, Richard J. Archer and Girvan Peck, San Francisco, Cal., Morrison, Foerster, Holloway, Shuman & Clark, San Francisco, Cal., of counsel for appellees Union Carbide & Carbon Corp. et al.

Pillsbury, Madison & Sutro, Francis N. Marshall, G. H. Eckhardt, Jr., San Francisco, Cal., Josiah G. Holland, Denver, Colo., Edward R. Neaher, New York City, for appellee Vanadium Corp. of America.

Before MERRILL and MAGRUDER, Circuit Judges, and SOLOMON, District Judge.

MAGRUDER, Circuit Judge.

Plaintiffs filed in the court below a treble damage antitrust complaint against defendants. Plaintiffs, a partnership and the partners in it suing individually, are the successors in interest to a family corporation known as Continental Ore Corporation. Both the plaintiff partnership, Continental Ore Company, and the previous corporation will be referred to as Continental.

The guiding light in Continental has been and still is the...

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