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BYRAM CONCRETANKS, INC. v. WARREN CONCRETE PRODUCTS CO.

No. 14368.

323 F.2d 994 (1963)

BYRAM CONCRETANKS, INC., Appellant, v. WARREN CONCRETE PRODUCTS CO. OF N. J. et al.

United States Court of Appeals Third Circuit.

Decided October 23, 1963.

Rehearing Denied November 27, 1963.

Attorney(s) appearing for the Case

Leopold Frankel, Frankel & Frankel, Paterson, N. J., for plaintiff-appellant. Leopold Frankel, Paterson, N. J., of counsel.

W. Fletcher Hock, Jr., John W. Hand, Paterson, N. J. (Evans, Hand, Evans, Allabough & Amoresano, Paterson, N. J., on the brief), for defendants-appellees, Warren Concrete Products Co. of N. J., Warren Concrete Tank Co., Inc., Vincent Dotolo and Richard Dunkle.

Paul R. Nusbaum, Alex Lazorisak, Succasunna, N. J. (Nusbaum & Lazorisak, Succasunna, N. J., on the brief), for defendants-appellees, Patrick E. Higgins, Leonard J. Farmer, Joseph W. Rogers, Hulse Mooney, Edison Read, John W. Klein, Frank M. Berry, Edward C. Stierli, John Everly, E. Blair Johnson and Board of Health of Roxbury Township, (for Board of Health of Roxbury Township, et al.)

Before MARIS, KALODNER and GANEY, Circuit Judges.

PER CURIAM.

This is a suit by the plaintiff, a manufacturer of precast concrete septic tanks, against the defendant corporations, who were competitors in that business, the Board of Health of Roxbury Township, Morris County, New Jersey, the Health Officer of that township and the individuals who were members of the Board of Health at various times. The complaint alleged violation of the anti-trust laws and sought treble damages and an injunction. Its institution followed...

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