CONTINENTAL BAKING COMPANY v. UTAH PIE COMPANY

Nos. 7306, 7308, 7309.

349 F.2d 122 (1965)

CONTINENTAL BAKING COMPANY, a Delaware corporation, Appellant, v. UTAH PIE COMPANY, a Utah corporation, Appellee. CARNATION COMPANY, a Delaware corporation, Appellant, v. UTAH PIE COMPANY, a Utah corporation, Appellee. PET MILK COMPANY, a Delaware corporation, Appellant, v. UTAH PIE COMPANY, a Utah corporation, Appellee.

United States Court of Appeals Tenth Circuit.

May 25, 1965.


Attorney(s) appearing for the Case

John H. Schafer, Washington, D. C. (A. Pratt Kesler, Salt Lake City, Utah, Roy M. Anderson and Gordon A. Thomas, Rye, N. Y., Welborn & Dufford, Denver, Colo., Robert J. Muth, Covington & Burling, Washington, D. C., of counsel, on the briefs), for appellant Continental Baking Co.

Peter W. Billings, Salt Lake City, Utah (G. Kenneth Handley, Jr., Salt Lake City, Utah, and James R. Baird, Jr., Los Angeles, Cal., of counsel, on the briefs), for appellant Carnation Co.

George P. Lamb, Washington, D. C. (Lee, Toomey & Kent and Carrington Shields, Washington, D. C., Gene Mayfield, St. Louis, Mo., Paul Thatcher, Ogden, Utah, of counsel, on the briefs), for appellant Pet Milk Co.

Joseph L. Alioto and Matthew P. Mitchell, San Francisco, Cal. (G. Joseph Bertain, Jr., San Francisco, Cal., Robert W. Hughes, Salt Lake City, Utah, and Maxwell M. Blecher, San Francisco, Cal., of counsel, on the briefs), for appellee Utah Pie Co.

Before MURRAH, PHILLIPS and LEWIS, Circuit Judges.


PHILLIPS, Circuit Judge.

Utah Pie Company1 brought this action against Continental Baking Company,2 Carnation Company,3 and Pet Milk Company4 under Title 15 U.S.C. (1958 Ed.) §§ 15 and 26.

The complaint charged that Continental, Carnation and Pet entered into a combination and conspiracy to restrain interstate commerce and monopolize...

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