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BYRAM CONCRETANKS, INC. v. WARREN CONCRETE PROD. CO. OF N.J.

No. 15768.

374 F.2d 649 (1967)

BYRAM CONCRETANKS, INC., Plaintiff-Appellant, Leopold Frankel and Esther S. Frankel, trading as Frankel & Frankel, a Law Partnership, Appellants, v. WARREN CONCRETE PRODUCTS CO. OF N. J. et al., Defendants-Appellees.

United States Court of Appeals Third Circuit.

Decided February 27, 1967.

As Amended April 7, 1967.

Rehearing Denied April 12, 1967.

Attorney(s) appearing for the Case

Solomon Golat, Newark, N. J. (Frankel & Frankel, Leopold Frankel, Paterson, N. J., on the brief), for appellants.

W. Fletcher Hock, Jr., Paterson, N. J. (Evans, Hand, Evans, Allabough & Amoresano, Paterson, N. J., on the brief), for appellees, Warren Concrete Products Co. of N. J., Inc., Warren Concrete Tank Co., Inc., Vincent Dotolo and Richard Dunkle.

John R. Miller, Madison, N. J. (Alex Lazorisak, Succasunna, N. J., on the brief), for and of counsel with appellees, Board of Health of Roxbury Township, Patrick E. Higgins, Leonard J. Farmer, Joseph W. Rogers, Hulse Mooney, Edison Read, John W. Klein, Frank M. Berry, Edward Stierli, John Everly and E. Blair Johnson.

Before KALODNER, HASTIE and SEITZ, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

Plaintiff, a manufacturer of septic tanks, brought this action for treble damages and an injunction under the federal anti-trust laws against defendant corporations, competitors in the business, and against the Board of Health of Roxbury Township and its members. At the conclusion of the presentation of plaintiff's evidence to the jury, the District Court granted defendants' motion to dismiss. This court affirmed...

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