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NATIONWIDE AUTO APPRAISER SERV., INC. v. ASSOCIATION OF C. & S. COMPANIES

No. 8558.

382 F.2d 925 (1967)

NATIONWIDE AUTO APPRAISER SERVICE, INC., a dissolved corporation, Fred Hochgraefe, Dan R. Sheehan, and Charles Cothran, Liquidating Trustees of Nationwide Auto Appraiser Service, Inc., a dissolved corporation, Appellants, v. ASSOCIATION OF CASUALTY AND SURETY COMPANIES, an unincorporated association, American Mutual Insurance Alliance, a corporation, and National Association of Mutual Casualty Companies, a corporation, Appellees.

United States Court of Appeals Tenth Circuit.

September 1, 1967.

Attorney(s) appearing for the Case

Richard L. Bohanon, Oklahoma City, Okl. (Barefoot, Moler, Bohanon & Barth, Oklahoma City, Okl., of counsel, with him on the brief), for appellants.

Richard B. McDermott, Tulsa, Okl. (Robert MacCrate, Hugh B. Cox, Henry P. Sailer, D. E. Hammer, Sullivan & Cromwell, New York City, Covington & Burling, Washington, D. C., and Boesche, McDermott & Eskridge, Tulsa, Okl., of counsel, with him on the brief), for appellees.

Before LEWIS, BREITENSTEIN and SETH, Circuit Judges.

SETH, Circuit Judge.

The appellants, a dissolved Oklahoma corporation and its liquidating trustees, appeal entry of summary judgment dismissing their complaint seeking treble damages under section 4 of the Clayton Act, 15 U.S.C. § 15.

The appellant corporation, "Nationwide," was organized by the three appellant trustees to sell exclusive territorial franchises to independent businessmen engaged in appraising damage to automobiles. Appraisers securing...

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