NORTH TEXAS PRODUCERS ASSOCIATION, Appellant,
v.
METZGER DAIRIES, INC., Appellee.
United States Court of Appeals Fifth Circuit.https://leagle.com/images/logo.png
June 21, 1965.
Rehearing Denied July 16, 1965.
Attorney(s) appearing for the Case
Ashton Phelps, New Orleans, La., William C. Odeneal, Jr., Odeneal & Odeneal, Dallas, Tex., Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., Charles M. Lanier, New Orleans, La., Harold S. Nelson, San Antonio, Tex., of counsel, for appellant.
Paul S. Adams, Jr., Charles P. Storey, John K. Delay, Jr., Storey, Armstrong & Steger, Dallas, Tex., for appellee.
Stuart H. Russell, Oklahoma City, Okl., for the Central Arkansas Milk Producers Ass'n, Central Oklahoma Milk Producers Ass'n, Southwest Milk Producers Ass'n, Chattanooga Area Milk Producers Ass'n, Akron Milk Producers, Inc., and Shawnee Milk Producers Ass'n, amici curiae.
Frank D. Masters, San Antonio, Tex., for Producers Ass'n of San Antonio, Mid-Texas Milk Producers Ass'n, and Coastal Bend Milk Producers Ass'n, amici curiae.
Bradbury, Tippen, Brown & Clement, Abilene, Tex., for the Central West Texas Producers Ass'n, amicus curiae.
Before MARIS, RIVES and BROWN, Circuit Judges.
United States Court of Appeals Fifth Circuit.
RIVES, Circuit Judge:
Metzger Dairies, Inc. brought a civil action for treble damages1 against North Texas Producers Association. The complaint charged violations of sections 2(e) and 3 of the Clayton Act, 15 U.S.C. §§ 13(e) and 14, and also of section 2 of the Sherman Act, 15 U.S.C. § 2. Upon the trial, Metzger abandoned any claimed violations of the Clayton Act and the case was submitted to the jury solely on the charge...
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