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FORMER STOCKHOLD. OF BARR RUB. PROD. CO. v. McNEIL CORP.

Civ. Nos. C69-742, C69-743.

325 F.Supp. 917 (1970)

FORMER STOCKHOLDERS OF BARR RUBBER PRODUCTS COMPANY, represented by Richard R. Kruse, Plaintiffs, v. The McNEIL CORPORATION and the Sun Corporation, Defendants. FORMER STOCKHOLDERS OF BARR RUBBER PRODUCTS COMPANY, represented by Richard R. Kruse, Plaintiffs, v. The B. F. GOODRICH COMPANY, the McNeil Corporation and the Sun Corporation, Defendants.

United States District Court, N. D. Ohio, E. D.

March 20, 1970.

Attorney(s) appearing for the Case

Albert L. Ely, Jr., Ely, Golrick & Flynn, Cleveland, Ohio, Flynn, Py & Kruse, Sandusky, Ohio, for plaintiffs.

James C. Davis, Squire, Sanders & Dempsey, Cleveland, Ohio, for B. F. Goodrich Co.

Richard E. Guster, Wise, Roetzel, Maxon, Kelly & Andress, Akron, Ohio, for McNeil Corp.

E. R. Hamilton, Akron, Ohio, Pennie, Edmonds, Morton, Taylor & Adams, New York City, for Sun Corp.

MEMORANDUM AND ORDER RE: MOTIONS TO DISMISS

KALBFLEISCH, District Judge.

Before the Court for consideration are motions to dismiss filed by all defendants in two related cases arising out of the same series of transactions and occurrences. Both cases seek treble damages under 15 U.S.C. § 15 for alleged antitrust violations by the defendants. There is but one legal question raised in all the motions: Do the...

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