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A. S. ABELL COMPANY v. CHELL

No. 12941.

412 F.2d 712 (1969)

The A. S. ABELL COMPANY, Appellant, v. John W. CHELL et al., and Robert F. Neugebauer, Intervenor, Appellees.

United States Court of Appeals Fourth Circuit.

Decided June 10, 1969.

Attorney(s) appearing for the Case

John H. Lewin and Edmund P. Dandridge, Jr., Baltimore, Md., for appellants.

Melvin J. Sykes and Eli J. Golden, Baltimore, Md., for appellees.

Before HAYNSWORTH, Chief Judge, and WINTER and BUTZNER, District Judges.

WINTER, Circuit Judge:

The A. S. Abell Company ("Abell"), a publisher of daily morning and evening newspapers and a Sunday newspaper in Baltimore, sued 33 of its approximately 121 route owners, who buy newspapers at wholesale and sell them at retail and home delivery to subscribers. The suit was based upon the federal antitrust laws, and the complaint recited as its purpose a declaration: (a) that the contractual arrangements between the parties existing prior to...

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