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HANOVER SHOE, INC. v. UNITED SHOE MACHINERY CORP.

Nos. 15626, 15627.

377 F.2d 776 (1967)

The HANOVER SHOE, INC. v. UNITED SHOE MACHINERY CORPORATION, Appellant. The HANOVER SHOE, INC., Appellant, v. UNITED SHOE MACHINERY CORPORATION.

United States Court of Appeals Third Circuit.

Decided April 11, 1967.

Rehearing Denied and Supplemental Opinion Filed May 18, 1967.

Attorney(s) appearing for the Case

Ralph M. Carson, New York City, (Warren, Hill, Henkelman & McMenamin, Scranton, Pa., Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, on the brief), for United Shoe Machinery Corp.

Breck P. McAllister, New York City (Nogi, O'Malley & Harris, Scranton, Pa., Donovan, Leisure, Newton & Irvine, New York City, on the brief), for Hanover Shoe, Inc.

Before FORMAN, GANEY and FREEDMAN, Circuit Judges.

OPINION OF THE COURT

FREEDMAN, Circuit Judge:

This private antitrust action presents a number of important questions.

Plaintiff, The Hanover Shoe, Inc., is a manufacturer of shoes and a customer of defendant, United Shoe Machinery Corporation, a manufacturer and distributor of shoe machinery. In this action brought under § 4 of the Clayton Act (15 U.S.C. § 15) based on violations of § 2 of the Sherman Act (15 U.S.C. § 2) Hanover...

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