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ACE BEER DISTRIBUTORS, INC. v. KOHN, INC.

Nos. 14808, 14974.

318 F.2d 283 (1963)

ACE BEER DISTRIBUTORS, INC., Plaintiff-Appellant, v. KOHN, INC., The Kohn Brewery Co., Pauline Kohn, Adam J. Kohn, Stephen Zarich and Peter Zarich, Defendants-Appellees. ACE BEER DISTRIBUTORS, INC., Plaintiff-Appellant, v. The STROH BREWERY COMPANY and Morton R. Engel, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

June 11, 1963.

Attorney(s) appearing for the Case

Myron N. Krotinger, Cleveland, Ohio, for appellant, Lane, Krotinger & Santora, David F. Dobbins, Cleveland, Ohio, on the brief.

C. Kenneth Clark, Jr., Youngstown, Ohio, for appellees, Kohn, Inc., and others, Harrington, Huxley & Smith, C. Kenneth Clark, Youngstown, Ohio, on the brief.

Rockwell T. Gust, Detroit, Mich., for appellees, Stroh Brewery Co. and others, Butzel, Eaman, Long, Gust & Kennedy, Detroit, Mich., Arter, Hadden, Wykoff & Van Duzer, Sumner Canary, Cleveland, Ohio, on the brief.

Before CECIL, Chief Judge, and MILLER and O'SULLIVAN, Circuit Judges.

SHACKELFORD MILLER, Jr., Circuit Judge.

The plaintiff, Ace Beer Distributors, Inc., brought this action under the Sherman Antitrust Act and the Clayton Act, Sections I et seq., Title 15 United States Code, seeking triple damages in the amount of $750,000.00 from the eight defendants, who are the appellees in these two appeals, for alleged violation of the provisions of the Antitrust Laws. Diversity of citizenship does not exist and jurisdiction is restricted to the...

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