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ENGELHARDT v. BELL & HOWELL CO.

No. 17311.

327 F.2d 30 (1964)

Fred ENGELHARDT, d/b/a Engelhardt's Camera Store, Appellant, v. BELL & HOWELL CO., a Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

January 30, 1964.

Attorney(s) appearing for the Case

Rexford H. Caruthers, St. Louis, Mo., Gerhard J. Petzall, H. Tracy Huston, St. Louis, Mo., and Counsel — Guilfoil, Caruthers, Symington & Montrey, St. Louis, Mo., for appellant.

Richard C. Coburn, St. Louis, Mo., Gerald M. Smith, St. Louis, Mo., and Counsel — Coburn, Croft & Cook, St. Louis, Mo., for appellee.

Before VAN OOSTERHOUT and BLACKMUN, Circuit Judges, and HANSON, District Judge.

VAN OOSTERHOUT, Circuit Judge.

This is an appeal by plaintiff from final judgment sustaining defendant's motion for summary judgment upon the ground of res judicata and dismissing plaintiff's claim for treble damages made under 15 U.S.C.A. § 15 based upon acts of defendant alleged to have been committed in violation of 15 U.S.C.A. § 1. The trial court's well-considered opinion, setting out the facts and the reason for the dismissal, is reported at

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