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WINN AVE. WAREHOUSE, INC. v. WINCHESTER TOBACCO WARE. CO.

No. 15585.

339 F.2d 277 (1964)

WINN AVENUE WAREHOUSE, INC., Plaintiff-Appellant v. WINCHESTER TOBACCO WAREHOUSE CO., Inc., The Burley House, Inc., P. O. Wilson, Ed Smith, Tom Jones and J. H. Waller, a partnership d/b/a The Farmers Warehouse, and The Winchester Tobacco Board of Trade, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

December 8, 1964.

Attorney(s) appearing for the Case

Amos H. Eblen and Samuel Milner, Lexington, Ky., Eblen, Howard & Milner, Lexington, Ky., on brief, for appellant.

Jack F. Mattingly, Lexington, Ky., William B. Gess, Gess, Mattingly, Saunier & Atchison, Lexington, Ky., Marshall McCann, Jr., White, McCann & Stewart, J. Smith Hays, Winchester, Ky., on brief, for appellees.

Before CECIL and EDWARDS, Circuit Judges, and TAYLOR, District Judge.

CECIL, Circuit Judge.

This appeal involves an alleged violation of Sections 1 and 2 of the Sherman Act (Sections 1 and 2, Title 15, U.S.C.) in connection with the sale of tobacco at auction at the Winchester Market in Kentucky. Sales of tobacco on this market are regulated by Winchester Tobacco Board of Trade, a nonprofit-nonstock corporation, created in 1952 under the statutory law of Kentucky. The method of doing business and of conducting sales at the Winchester...

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