BRAGEN v. HUDSON COUNTY NEWS COMPANY

No. 14057.

321 F.2d 864 (1963)

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

United States Court of Appeals Third Circuit.

Decided August 23, 1963.


Attorney(s) appearing for the Case

Doane Regan, Rothbard, Harris & Oxfeld, Newark, N. J., for appellant.

Julius Kass, New York City (Jacob H. Bernstein, Perth Amboy, N. J., Bandler, Kass & Goetz, Robert Sylvor, New York City, on the brief), for appellee.

Before HASTIE, GANEY and SMITH, Circuit Judges.


GANEY, Circuit Judge.

Plaintiff, a small retailer, brought this action under § 2 of the Sherman Antitrust Act, 15 U.S.C.A. § 2, claiming inter alia that by reason of defendant's monopolization of the distribution of the better known newspapers, magazines and paperback books in Hudson County, New Jersey, it has compelled him, as a condition of doing business with it, to accept publications which he did not order or wish to sell.1

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