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HALE v. RALSTON PURINA COMPANY

No. 19935.

432 F.2d 156 (1970)

Roy E. HALE, Ellis S. Hale and Roy J. Hale, Plaintiffs-Appellants, v. RALSTON PURINA COMPANY, Gold Bond Company, Tysons Foods, Inc., Tysons Feed, Inc., Tysons Poultry Growers, Inc., Tysons Poultry Company, Inc., Arkansas Valley Industries, Inc., and Scott County Feed Company, Corporations, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied November 25, 1970.

Attorney(s) appearing for the Case

Ben L. Paddock, Fort Smith, Ark., for plaintiffs-appellants; Heartsill Ragon, Fort Smith, Ark., on the brief.

Phillip Carroll, Little Rock, Ark., for defendants-appellees; Crouch, Blair, Cypert & Waters, Springdale, Ark., and J. A. Fraser, St. Louis, Mo., on the brief.

Before MEHAFFY and BRIGHT, Circuit Judges, and HARPER, District Judge.

BRIGHT, Circuit Judge.

The plaintiffs filed an anti-trust action in 1965 seeking treble damages for alleged violations of the Sherman and Clayton Acts, 15 U.S.C. §§ 1, 2, and 15, occurring in 1962. Later, however, acting upon the plaintiffs' request, the then presiding district judge ordered the action dismissed without prejudice on January 11, 1967. Plaintiffs, thereafter, commenced the present anti-trust suit in the same court based upon the same claims...

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