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EAGLES v. HARRISS SALES CORPORATION

No. 10336.

368 F.2d 927 (1966)

Joseph C. EAGLES, Jr., Ula H. Cozart, Jr., Sydnor M. Cozart, Fred M. Eagles, and Ula H. Cozart, III, co-partners trading under the name and style of Cozart, Eagles & Company, a partnership, Appellants, v. HARRISS SALES CORPORATION, a corporation, et al., Appellees.

United States Court of Appeals Fourth Circuit.

Decided October 19, 1966.

Attorney(s) appearing for the Case

Francis E. Winslow, Rocky Mount, N. C. (Thomas L. Young, Rocky Mount, N. C., W. A. Lucas, Z. Hardy Rose, Wilson, N. C., and Howard E. Manning, Raleigh, N. C., and Battle, Winslow, Merrell, Scott & Wiley, Rocky Mount, N. C., Lucas, Rand, Rose & Morris, Wilson, N. C., and Manning, Fulton & Skinner, Raleigh, N. C., on brief), for appellants.

Frederick L. Carr, Cyrus F. Lee and John Webb, Wilson, N. C. (Winfield Blackwell, Jr., Winston-Salem, N. C., Thomas M. Moore and Talmadge L. Narron, and Carr & Gibbons, Wilson, N. C., Blackwell, Blackwell, Canady & Eller, Winston-Salem, N. C., Kirby & Webb, Moore & Moore, Narron, Holdford & Holdford, and Gardner, Connor & Lee, Wilson, N. C., on brief), for appellees.

Before SOBELOFF and BRYAN, Circuit Judges, and FIELD, District Judge.

ALBERT V. BRYAN, Circuit Judge.

This is an antitrust action brought by Cozart, Eagles & Company, a partnership and a member of The Wilson Tobacco Board of Trade, Inc., against the Board itself and certain corporations (together with their officers and directors) and partnerships who comprise a voting majority within the Board. The complaint alleges a violation by the majority membership of the Sherman Act §§ 1 and 2, 15 U.S.C. §§ 1, 2, by conspiring...

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