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INTERNATIONAL SALT COMPANY v. OHIO TURNPIKE COMMISSION

No. 18915.

392 F.2d 579 (1968)

INTERNATIONAL SALT COMPANY, Appellant, v. OHIO TURNPIKE COMMISSION, Appellee.

United States Court of Appeals Eighth Circuit.

April 3, 1968.

Attorney(s) appearing for the Case

Richard W. Johnson, of Johnson & Thompson, Minneapolis, Minn., for appellant; Howard F. Ordman, of Putney, Twombly, Hall & Skidmore, New York City, was on the brief and reply brief with Richard W. Johnson, Minneapolis, Minn.

William E. Mullin, of Mullin, Galinson & Swirnoff, Minneapolis, Minn., and Lockwood Thompson, General Counsel, Ohio Turnpike Commission, Cleveland, Ohio, for appellee. Francis K. Cole, Asst. Gen. Counsel, and James C. McGrath, Staff Counsel, Ohio Turnpike Commission, Berea, Ohio, were with William E. Mullin, Minneapolis, Minn., and Lockwood Thompson, Cleveland, Ohio, on the brief.

Before VOGEL, Senior Circuit Judge, LAY, Circuit Judge, and BECKER, Chief District Judge.

PER CURIAM.

This is an interlocutory appeal pursuant to 28 U.S.C.A. § 1292(b) of a District Court order extending the provisions of § 5 (a) of the Clayton Act, 15 U.S.C.A. § 16(a) (prima facie evidence rule) to this private treble damages action based on a violation of § 1 of the Sherman Act, 15 U.S.C.A. § 1. The order appealed from applies § 5(a) to this case, notwithstanding that appellant successfully contested the criminal action...

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