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FREEDMAN v. PHILADELPHIA TERMINALS AUCTION CO.

No. 13670.

301 F.2d 830 (1962)

Samuel FREEDMAN, James A. Collinson, Charles Dankel, Charles H. Davis, Sam Gorberg, Sidney L. Hyman, James F. Pontari, Israel Robinson and Max Robinson, Individually and Trading as Robinson Bros., E. J. Rosengarten, Tim Wolf, Jack Zeitz, Individually and on Behalf of All Other Similarly Situated Members of the Philadelphia Fruit Auction Buyers' Association v. PHILADELPHIA TERMINALS AUCTION CO., a New Jersey Corporation, Samuel Freedman, Charles J. Dankel and Emanuel J. Rosengarten, Appellants.

United States Court of Appeals. Third Circuit.

Decided April 9, 1962.

Attorney(s) appearing for the Case

Walter Stein, Philadelphia, Pa. (Berger & Stein, Philadelphia, Pa., Frank H. Gelman, Philadelphia, Pa., on the brief), for appellants.

Sidney L. Wickenhaver, Philadelphia, Pa. (Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., C. Brewster Rhoads, Thomas N. O'Neill, Jr., Philadelphia, Pa., T. Ewing Montgomery, Philadelphia, Pa., on the brief), for appellee.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.

KALODNER, Circuit Judge.

This suit originated as a spurious class action brought by twelve members of the Philadelphia Fruit Auction Buyers' Association, an unincorporated association, seeking individually and on behalf of other members of the association to recover treble damages1 from defendant, Philadelphia Terminals Auction Company, for an alleged violation of Section 2(c) of the Clayton Act, as amended by the Robinson-Patman Act....

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