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UNION CARBIDE AND CARBON CORPORATION v. NISLEY

Nos. 6319-6322.

300 F.2d 561 (1962)

UNION CARBIDE AND CARBON CORPORATION and Vanadium Corporation of America, Appellants, v. Frank NISLEY, Jr., et al., Appellees. UNION CARBIDE AND CARBON CORPORATION and Vanadium Corporation of America, Appellants, v. John F. WADE et al., Appellees. UNION CARBIDE AND CARBON CORPORATION and Vanadium Corporation of America, Appellants, v. Howard BALSLEY et al., Appellees. UNION CARBIDE AND CARBON CORPORATION and Vanadium Corporation of America, Appellants, v. UNNAMED PLAINTIFFS, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 26, 1962.

Attorney(s) appearing for the Case

Richard J. Archer, San Francisco, Cal., and Dennis McCarthy, Salt Lake City, Utah (Herbert W. Clark, Howard M. Downs, Douglas C. White, Richard H. Floum and Paul E. Homrighausen, San Francisco, Cal., were with them on brief), for appellant Union Carbide Corp.

J. G. Holland, Denver, Colo. (Robert P. Davison, Denver, Colo., William C. McClearn, Denver, Colo., Edward R. Neaher, New York City, Calvin A. Behle and Keith E. Taylor, Salt Lake City, Utah, were with him on the brief), for appellant Vanadium Corp. of America.

Joseph L. Alioto, San Francisco, Cal. (Maxwell Keith, Richard Saveri, Guido Saveri, G. Joseph Bertain, Jr., and Walter F. Calcagno, San Francisco, Cal., were with him on brief), for appellees.

Before MURRAH, Chief Judge, and BRATTON and PICKETT, Circuit Judges.

MURRAH, Chief Judge.

These consolidated appeals are from separate judgments in private Section 4 antitrust suits against defendant-appellants. 38 Stat. 731, 15 U.S.C.A. § 15. Each of the suits is based upon the same alleged 20-year combination and conspiracy under Sections 1 and 2 of the Sherman Antitrust Act, 15 U.S.C.A. §§ 1, 2, to monopolize, attempt to monopolize and restrain interstate trade in the source, production and processing of vanadium...

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