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PETERBILT-SOUTHERN SALES, INC. v. PACIFIC CAR AND FOUNDRY COMPANY

No. 20447.

325 F.2d 420 (1963)

PETERBILT-SOUTHERN SALES, INC., Appellant, v. PACIFIC CAR AND FOUNDRY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

December 3, 1963.

Attorney(s) appearing for the Case

Bill C. Hunter, Gerald R. Coplin, Passman & Jones, Dallas, Tex., for appellant.

Jerry L. Buchmeyer, William H. Neary, Dallas, Tex., Thompson, Knight, Wright & Simmons, Dallas, Tex., of counsel, for appellee.

Before BROWN, WISDOM, and BELL, Circuit Judges.

PER CURIAM.

There was ample basis in the evidence for the conclusion of the District Court that the account which forms the basis of the judgment was kept separate and apart from the other accounts for which suit was filed; and that the transaction out of which it arose was in interstate commerce and therefore not subject to the Texas Antitrust Statutes, Vernon's Ann.Tex.Stat. Art. 7426 et seq., and to the defense based thereon. See Albertype Co. v. Gust Feist Co...

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