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SOONER STATE DAIRIES, INC. v. TOWNLEY'S DAIRY COMPANY

No. 28-68.

406 F.2d 1328 (1969)

SOONER STATE DAIRIES, INC., Appellant, v. TOWNLEY'S DAIRY COMPANY, Meadow-Gold Company, and the Borden Company, Appellees.

United States Court of Appeals Tenth Circuit.

February 17, 1969.

Attorney(s) appearing for the Case

Gerald D. Swanson, Tulsa, Okl., for appellant.

Gus Rinehart, Oklahoma City, Okl., (Sam A. Townley, Loyd Benefield, Oklahoma City, Okl., George B. Christensen, and Brian A. Loftus, Chicago, Ill., Richard B. McDermott, Tulsa, Okl., and Joseph A. Greaves, Chicago, Ill., with him on brief), for appellees.

Before MURRAH, Chief Judge, and PICKETT and HOLLOWAY, Circuit Judges.

PER CURIAM.

This appeal is from the dismissal of a civil anti-trust suit on the merits by the trial court on its own motion during the hearing for a temporary injunction. The complaint alleged various violations of the Sherman, Clayton and Robinson-Patman Acts and requested a jury trial. An application for temporary injunction was filed and came on for hearing. After hearing three of plaintiff's five witnesses the trial judge stated, "I don't think the Court cares...

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