CRAIN v. BLUE GRASS STOCKYARDS COMPANY

No. 17998.

399 F.2d 868 (1968)

Morris CRAIN, Plaintiff-Appellant, v. BLUE GRASS STOCKYARDS COMPANY and Clay-Wachs Stockyards, Inc., Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

August 22, 1968.


Attorney(s) appearing for the Case

James R. Odell, Lexington, Ky., for plaintiff-appellant; Pat D. Rankin, Stanford, Ky., on brief.

Gladney Harville, Lexington, Ky., for defendants-appellees; Stoll, Keenon & Park, Herbert D. Sledd and Brown, Sledd & McCann, Lexington, Ky., on brief.

Before WEICK, Chief Judge, and PHILLIPS and EDWARDS, Circuit Judges.


WEICK, Chief Judge.

This appeal is from an order of the District Court granting the defendants' motions to dismiss the complaint on the ground that the controversy was within the primary jurisdiction of the Secretary of Agriculture.

Plaintiff's action in the District Court was for damages and injunctive relief alleging violations by defendants of sections 1 and 2 of the Sherman Act, section 15 of the Clayton Act and...

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