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OTTO MILK COMPANY v. UNITED DAIRY FARMERS COOP. ASS'N

No. 16386.

388 F.2d 789 (1967)

OTTO MILK COMPANY, Plaintiff-Appellee, v. UNITED DAIRY FARMERS COOPERATIVE ASSOCIATION, United Dairy Farmers, Ernest Hayes, J. D. Smouse, Joseph M. Piper, Stanley Yagla and Adam Babiarz, United Dairy Farmers Cooperative Association, Ernest Hayes, J. D. Smouse, Joseph M. Piper, Stanley Yagla and Adam Babiarz, Appellants.

United States Court of Appeals Third Circuit.

Decided December 26, 1967.

Attorney(s) appearing for the Case

Paul A. Simmons, Tempest & Simmons, Monongahela, Pa. (John W. McIlvaine, Washington, Pa., on the brief), for appellants.

Walter T. McGough, Reed, Smith, Shaw & McClay, Pittsburgh, Pa. (Steven A. Stepanian II, Harry H. Weil, Pittsburgh, Pa., on the brief), for appellee.

Before McLAUGHLIN, HASTIE and FORMAN, Circuit Judges.

OPINION OF THE COURT

McLAUGHLIN, Circuit Judge.

Appellee sued defendants under sections 1 and 2 of the Sherman Act (15 U. S.C. Sections 1 and 2) for engaging in an unlawful conspiracy in restraint of trade and for endeavoring to monopolize the marketing of milk in the particular southwestern area of Pennsylvania involved. The third count of the complaint, urged under the pendent jurisdiction of the district court, was for unlawfully interfering with plaintiff...

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