No. 54.

372 U.S. 253 (1963)


Supreme Court of United States.

Decided March 4, 1963.

Attorney(s) appearing for the Case

Gerhard A. Gesell argued the cause for appellant. With him on the briefs were Rufus S. Day, Jr. and Nestor S. Foley.

Solicitor General Cox argued the cause for the United States. With him on the brief were Assistant Attorney General Loevinger and Robert B. Hummel.

Briefs of amici curiae were filed by Sigmund Timberg for Serta Associates, Inc., et al., and by John Bodner, Jr. for the Sandura Company.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

This is a civil suit under the antitrust laws that was decided below on a motion for summary judgment. Rule 56 of the Rules of Civil Procedure at the time of the hearing below permitted summary judgment to be entered "if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to...

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