ARTHUR MURRAY, INC. v. RESERVE PLAN, INC.

Nos. 18970, 18971.

406 F.2d 1138 (1969)

ARTHUR MURRAY, INC., Appellant, v. RESERVE PLAN, INC., Appellee. EDUCATIONAL CREDIT BUREAU, INC. and Tuition Plan, Inc., Appellants, v. RESERVE PLAN, INC., Appellee.

United States Court of Appeals Eighth Circuit.

Rehearings Denied March 13, 1969.


Attorney(s) appearing for the Case

Allan L. Bioff, of Watson, Ess, Marshall & Enggas, Kansas City, Mo., for appellant in No. 18970; Elton L. Marshall and Landon H. Rowland, of Watson, Ess, Marshall & Enggas, Kansas City, Mo., on the brief.

William H. Curtis, of Morrison, Hecker, Cozad, Morrison & Curtis, Kansas City, Mo., for appellants in No. 18971; Martin J. Purcell, of Morrison, Hecker, Cozad, Morrison & Curtis, Kansas City, Mo., on the brief.

Ralph M. Jones and Richard K. Andrews of Swanson, Midgley, Jones, Eager & Gangwere, Kansas City, Mo., for appellee.

Before MATTHES, MEHAFFY and LAY, Circuit Judges.


MEHAFFY, Circuit Judge.

This is a private antitrust suit brought under §§ 1 and 2 of the Sherman Act seeking treble damages under § 4 of the Clayton Act.1 The parties waived a jury trial and the case was tried to the District Court for the Western District of Missouri. Plaintiff-appellee, Reserve Plan, Inc., was awarded treble damages in the amount of $697,500.00, plus costs, and an attorneys' fee of $40,000.00. After submission...

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