SOUTH CAROLINA COUNCIL OF MILK PRODUCERS, INC. v. NEWTON

No. 10138.

360 F.2d 414 (1966)

SOUTH CAROLINA COUNCIL OF MILK PRODUCERS, INCORPORATED, et al., Appellants, v. Joseph T. NEWTON, Jr., et al., Appellees.

United States Court of Appeals Fourth Circuit.

Decided April 4, 1966.


Attorney(s) appearing for the Case

Lynn C. Paulson, Washington, D. C., and John C. West, Camden, S. C. (T. Allen Legare, Jr., Charleston, S. C., H. W. C. Furman, Camden, S. C., Legare & Hare, Charleston, S. C., and Murchison & West, Camden, S. C., on brief, for appellants.

Ernest F. Hollings, Charleston, S. C., and Ellis T. Fernandez, Jr., Jacksonville, Fla. (Falcon B. Hawkins and Hollings & Hawkins, Charleston, S. C., and Hazard & Fernandez, Jacksonville, Fla., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and BRYAN and BELL, Circuit Judges.


ALBERT V. BRYAN, Circuit Judge:

The Clayton Act, Section 4, 15 U.S.C. § 15,1 the Federal District Court in South Carolina has held, does not in the circumstances here authorize an action by appellant milk producers against appellee wholesale and retail grocers. The complaint charged them with combining and conspiring in restraint of trade and commerce in groceries, including milk and dairy products, in an attempt to monopolize trade...

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