Robert M. KNUTH, on behalf of himself and all others similarly situated
v.
ERIE-CRAWFORD DAIRY COOPERATIVE ASSOCIATION et al., Robert M. Knuth, Appellant.
United States Court of Appeals Third Circuit.https://leagle.com/images/logo.png
Argued December 8, 1967.
Decided May 3, 1968.
Rehearing Denied June 20, 1968.
Attorney(s) appearing for the Case
Paul A. Simmons, Tempest & Simmons, Monongahela, Pa., for appellant.
Thomas W. Pomeroy, Jr., Kirkpatrick, Pomeroy, Lockhart & Johnson, Pittsburgh, Pa. (W. Walter Braham, Jr., Harry W. Turner, Pittsburgh, Pa., on the brief), for appellees, Erie-Crawford Dairy Cooperative, Dairymen's Cooperative Sales Assn., and others.
Frank L. Seamans, Robert C. McCartney, Edward G. O'Connor, Eckert, Seamans & Cherin, Pittsburgh, Pa., for appellees, Sealtest Foods Div. of Nat. Dairy Products Corp. and Akron Milk Producers Cooperative.
Clyde W. Armstrong, Victor P. Gottschall, Thorp, Reed & Armstrong, Pittsburgh, Pa., for appellees, Golden Glow Dairy, Yaple's Dairy, Inc., Schruer's Dairy, Golden Crown Dairy and Erie Dairy Land, Inc.
Willis F. Daniels, Daniels & Swope, Harrisburg, Pa., for appellee, Sterling Milk, Inc.
William W. Knox, Knox, Pearson & McLaughlin, Erie, Pa., for appellee, H. Robert Fischer.
Nathan Routman, Routman, Moore & Goldstone, Sharon, Pa., for appellee, Klein Dairy.
Henry E. Rea, Jr., Brandt, Riester, Brandt & Malone, Pittsburgh, Pa., for appellee, Schneider's Dairy.
Errol Fullerton, New Castle, Pa., for appellee, Linger Light Dairy.
Before BIGGS, KALODNER, and SEITZ, Circuit Judges.
United States Court of Appeals Third Circuit.
OPINION OF THE COURT
SEITZ, Circuit Judge.
This is an appeal from a judgment dismissing an amended complaint with prejudice for failure to state a claim.1
Plaintiff's class action claim (Count I) asserted under Section 4 of the Clayton Act,2 alleged violations of Sections 1 and 2 of the Sherman Act.3 The class represented...
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