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FIRST NAT. BANK v. CITIES SERVICE

No. 23.

391 U.S. 253 (1968)

FIRST NATIONAL BANK OF ARIZONA v. CITIES SERVICE CO.

Supreme Court of United States.

Decided May 20, 1968.

Attorney(s) appearing for the Case

William E. Kelly argued the cause for petitioner. With him on the briefs were David Orlin, Preben Jensen, and Alan R. Wentzel.

Simon H. Rifkind argued the cause for respondent. With him on the brief was Edward N. Costikyan.

MR. JUSTICE MARSHALL delivered the opinion of the Court.

At issue in this case is the propriety of an award of summary judgment in favor of respondent Cities Service in a treble-damage antitrust action. The District Court held there was no genuine issue as to material facts between the parties and that respondent was entitled to judgment as a matter of law. 38 F. R. D. 170 (D. C. S. D. N. Y. 1965). The Court of Appeals for...

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