DANVILLE TOBACCO ASS'N v. BRYANT-BUCKNER ASSOCIATES, INC.

No. 10579.

372 F.2d 634 (1967)

The DANVILLE TOBACCO ASSOCIATION, a corporation; Producers Tobacco Company, Incorporated; W. Townes Lea and Louis W. Love, partners, trading as Piedmont Warehouse and Hughes Warehouse; Neals Warehouses, Inc., Jack L. Neal and George A. Myers, Jr., T/A Growers Warehouse, and Latane Motley and Blair Motley, Jr., and John W. Motley, Executors of the Estate of Blair Motley, Deceased, T/A Motley's Warehouse, and Danville Warehouse Company, Incorporated, Appellees, v. BRYANT-BUCKNER ASSOCIATES, INC., Appellant.

United States Court of Appeals Fourth Circuit.

Decided January 25, 1967.


Attorney(s) appearing for the Case

I. Murchison Biggs, Lumberton, N. C. (Robert F. Ward, Chatham, Va., on brief), for appellant.

Edwin B. Meade, Danville, Va. (Meade, Tate & Meade, Danville, Va., on brief), for appellees The Danville Tobacco Ass'n and Danville Warehouse Co., Incorporated.

C. Stuart Wheatley, Danville, Va. (John W. Carter, Clement, Wheatley, Winston & Craig, and Carter & Carter, Danville, Va., on brief), for appellees W. Townes Lea et al.

John W. Carter, Danville, Va. (C. Stuart Wheatley, Clement, Wheatley, Winston & Craig, and Carter & Carter, Danville, Va., on brief), for appellees Neals Warehouses, Inc., et al.

G. Kenneth Miller, Richmond, Va. (Allan Garrett, Earle Garrett, III, Garrett, Garrett & Smith, Danville, Va., and May, Garrett, Miller, Newman & Compton, Richmond, Va., on brief), for appellees Producers Tobacco Co., Incorporated.

Before BRYAN, BELL and WINTER, Circuit Judges.


ALBERT V. BRYAN, Circuit Judge:

Apportionment of selling time among the warehousemen on the Danville, Virginia tobacco market, comes here again as an alleged affront to the Sherman Antitrust Act.1 It is a second appeal in the original suit with which we dealt in Danville Tobacco Association v. Bryant-Buckner Associates, Inc., 4 Cir., 333 F.2d 202 (1964).

In accordance with our suggestion on remand...

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