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BURKE v. FORD

No. 8662.

377 F.2d 901 (1967)

Kenneth A. BURKE, dba Ranch Acres Liquors, J. A. Chandler, Jr., dba Chandler Retail Liquors, William E. Manley dba Twenty-First & Harvard Liquor Store, Jesse B. Renick dba Pennington Hills Liquor Store, Sarah Simpson Keel dba Warehouse Liquor Store, and C. J. Wright, Jr., dba Wright's Beverage Store, Appellants, v. Clarence FORD and Frank J. Kunc, dba All Brands Sales Company et al., Appellees.

United States Court of Appeals Tenth Circuit.

May 15, 1967.

Attorney(s) appearing for the Case

Robert S. Rizley, Tulsa, Okl., for appellants.

Irvine E. Ungerman and James L. Kincaid, Tulsa, Okl. (William Leiter, Tulsa, Okl., and David C. Johnston, Jr., Oklahoma City, Okl., with them on brief), for appellees.

Before MURRAH, Chief Judge, and BREITENSTEIN and HILL, Circuit Judges.

MURRAH, Chief Judge.

A group of Oklahoma liquor retailers brought this suit to enjoin an alleged market division violation of § 1 of the Sherman Act, 15 U.S.C. § 1. The retailers alleged that the sixteen Oklahoma wholesalers conspired to and did in the early part of 1964 divide the Oklahoma wholesale liquor market, both territorially and according to brands. Specifically, it was alleged that the defendants conspired to unlawfully divide the wholesale market...

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