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RUSS TOGS, INC. v. GRINNELL CORPORATION

Nos. 639-642, Dockets 34427, 34439, 34529, 34541.

426 F.2d 850 (1970)

RUSS TOGS, INC., et al., Plaintiffs-Appellees, v. GRINNELL CORPORATION et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 11, 1970.

Attorney(s) appearing for the Case

Denis McInerney, New York City (Cahill, Gordon, Sonnett, Reindel & Ohl, New York City, of counsel), for defendant-appellant Grinnell Corp.

MacDonald Flinn, New York City (White & Case, New York City, of counsel), for defendant-appellant American District Telegraph Co.

Kelly, Drye, Warren, Clark, Carr & Ellis, New York City, for defendant-appellant Holmes Electric Protective Co.

Olwine, Connelly, Chase, O'Donnell & Weyher, New York City, for defendant-appellant Automatic Fire Alarm Co.

Joel E. Hoffman, Washington, D. C., and David Berger, Philadelphia, Pa. (Wald, Harkrader, Nicholson & Ross, Washington, D. C., Weil, Gotshal & Manges, New York City, Cohen, Shapiro, Berger, Polisher & Cohen, Philadelphia, Pa., Friedman, Koven, Shapiro, Salzman, Koenigsberg, Specks & Homer, Chicago, Ill., Liebman, Eulau, Robinson & Perlman, New York City, Parker, Chapin & Flattau, New York City, Rubin, Wachtel, Baum & Levin, New York City, of counsel), for plaintiffs-appellees Russ Togs, Inc., and others.

Before LUMBARD, Chief Judge, and HAYS, Circuit Judge, and BLUMENFELD, District Judge.

HAYS, Circuit Judge:

These are appeals from an order of the United States District Court for the Southern District of New York denying appellants' motion for partial summary judgment in these sixty private anti-trust treble damage actions. Permission to appeal from the interlocutory order was granted by this court pursuant to 28 U.S.C. § 1292(b) (1964). The appeals were consolidated by stipulation of the parties.

Appellants American District Telegraph...

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