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JULIUS M. AMES CO. v. BOSTITCH, INC.

240 F.Supp. 521 (1965)

JULIUS M. AMES CO. and Independent Pennsylvania Nail Co., Plaintiffs, v. BOSTITCH, INC., Defendant.

United States District Court S. D. New York.

March 8, 1965.

Attorney(s) appearing for the Case

Dickstein, Shapiro & Galligan, New York City, for plaintiffs. David I. Shapiro, New York City, of counsel.

Milbank, Tweed, Hadley & McCloy, New York City, for defendant. William Eldred Jackson, Isaac Shapiro, New York City, of counsel.

McLEAN, District Judge.

This is a private antitrust action in which plaintiffs charge that defendant has violated Section 1 of the Sherman Act (15 U.S.C. § 1) and Section 7 of the Clayton Act (15 U.S.C. § 18). The two charges are not separately stated but are commingled in one count. Defendant moves under Rule 12(b) (6) to dismiss the Clayton Act charge on the ground that the complaint fails to state a claim. It also moves under Rule 56 for summary judgment...

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