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DOVBERG v. DOW CHEMICAL COMPANY

No. 14302.

353 F.2d 963 (1965)

Ike DOVBERG and Maurice Dovberg, Individually and Trading as Paste Company of America, Appellants, v. DOW CHEMICAL COMPANY, Pennsylvania Paste Company, Samuel Schultz, Ada Schultz, Marvin L. Spiro and Isadore Kaplan, Individually and Trading as Samuel Schultz & Co., a Partnership, and Reba Spivak, Individually and Trading as Atlas Wallpaper & Paint Co.

United States Court of Appeals Third Circuit.

Reargued October 7, 1965.

Decided December 3, 1965.

Attorney(s) appearing for the Case

Tom P. Monteverde, Philadelphia, Pa., (Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., of counsel, on the brief), for appellants.

Herman J. Obert, Philadelphia, Pa., (Cushman & Obert, Philadelphia, Pa., on the brief), for Pennsylvania Paste Co.

Philip Price, Philadelphia, Pa. (William L. Matz, Philadelphia, Pa., Zoob, Cohan & Matz Dechert, Price & Rhoads, Philadelphia, Pa., of counsel, on the brief), for Samuel Schultz & Co.

Before KALODNER, Chief Judge, and BIGGS, McLAUGHLIN, STALEY, HASTIE, GANEY, SMITH and FREEDMAN, Circuit Judges.

GANEY, Circuit Judge.

This is an action under the antitrust laws, §§ 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2,1 and of the Clayton Act, as amended, 15 U.S.C. §§ 13 to 15 inclusive.2 Originally, the plaintiffs named nineteen defendants in the action, either individually or by their firm names. Through interrogatories and depositions...

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