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CREAM TOP CREAMERY v. DEAN MILK COMPANY

No. 17225.

383 F.2d 358 (1967)

CREAM TOP CREAMERY, Kannapel's Dairy, Inc., Plainview Farms Dairy, Walnut Grove Dairy and Oscar Ewing, Inc., Plaintiffs-Appellants, v. DEAN MILK COMPANY, Inc., and Dean Milk Company, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

October 17, 1967.

Attorney(s) appearing for the Case

Elmer F. Bennett, Washington, D. C., for appellants, Charles I. Dawson, Richard W. Iler, Bullitt, Dawson & Tarrant, Louisville, Ky., Northcutt Ely, Ely & Duncan, Washington, D. C., on the brief.

Francis J. McConnell, Chicago, Ill., for appellees, Thomas C. McConnell, John Borst, Jr., McConnell, Freeman, Curtis & McConnell, Chicago, Ill., Frank A. Garlove, Irwin G. Waterman, Morris, Garlove, Waterman & Johnson, Louisville, Ky., on the brief.

Before PHILLIPS, CELEBREZZE and COMBS, Circuit Judges.

PHILLIPS, Circuit Judge.

This is a private anti-trust suit commenced in 1959 under the treble damage and injunctive provisions of the Clayton Anti-Trust Act, 15 U.S.C. §§ 15 & 26 and 28 U.S.C. § 1337.

Plaintiffs-appellants allege in their complaint that they have been engaged in the business of selling and delivering dairy products at wholesale to purchasers for resale and at retail to individual homes. The amended complaint avers that continuously...

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