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BRAUN v. BERENSON

No. 28512.

432 F.2d 538 (1970)

Meyer BRAUN, d/b/a Rex the Tailor, Plaintiff-Appellant, v. Theodore W. BERENSON, d/b/a Gulfgate Shopping Center, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 30, 1970.

Attorney(s) appearing for the Case

Jim S. Phelps, Houston, Tex., for plaintiff-appellant.

Abraham G. Levin, New York City, John F. Heard, E. W. Barnett, John L. Jeffers, Jr., M. W. Parse, Jr., Stephen D. Susman, B. J. Bradshaw, Houston, Tex., for defendants-appellees; Baker, Botts, Shepherd & Coates, Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, Tex., of counsel.

Before GODBOLD, SIMPSON and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

This is a civil action brought pursuant to Section 4 of the Clayton Act, 15 U.S.C. § 15, to recover treble the damages allegedly sustained as a result of a conspiracy in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1. The plaintiff Braun (hereafter, the plaintiff) appeals from a judgment of the District Court for the Southern District of Texas in effect dismissing the action as barred by the four-year statute of...

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