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LIEBERTHAL v. NORTH COUNTRY LANES, INC.

No. 359, Docket 28652.

332 F.2d 269 (1964)

Jerome LIEBERTHAL, Plaintiff-Appellant, v. NORTH COUNTRY LANES, INC., Sports Arenas, Inc. and Robert Sidel, Defendants-Appellees, Jack E. Gellman, Bowlers Management, Inc., Plattsburgh Lanes, Inc. and Consolidated Bowling Corp., Defendants.

United States Court of Appeals Second Circuit.

Decided May 15, 1964.

Attorney(s) appearing for the Case

Seymour S. Epstein of Sulzberger & Sulzberger, New York City, for plaintiff-appellant.

Martin L. Fried, of Tenzer, Greenblatt, Fallon & Kaplan, New York City (Bernard H. Goldstein, New York City, on the brief), for defendants-appellees.

Before FRIENDLY, HAYS and MARSHALL, Circuit Judges.

HAYS, Circuit Judge.

Lieberthal appeals from a judgment of the District Court dismissing his amended complaint, which sought treble damages under the Sherman Anti-Trust Act, 15 U.S.C. §§ 1, 2, 15 (1958). The District Court held that the amended complaint failed to state a claim upon which relief could be granted, Fed.R.Civ.P. 12 (b) (6), because (1) the averments of the complaint were insufficient to show any restraint of interstate, as opposed to intrastate...

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