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SMITH v. SCRIVNER-BOOGAART, INC.

No. 322-70.

447 F.2d 1014 (1971)

Jimmy T. SMITH, an Individual and Smith Sales Co., a Corporation, Plaintiffs-Appellants, v. SCRIVNER-BOOGAART, INC., a Corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied October 22, 1971.

Attorney(s) appearing for the Case

Stan P. Doyle, and Richard E. Hancock, Tulsa, Okl., for plaintiffs-appellants.

Jack R. Givens, Tulsa, Okl., for defendant-appellee.

Before CLARK, Associate Justice, and SETH and HOLLOWAY, Circuit Judges.

CLARK, Associate Justice.

This appeal seeks to overturn a jury verdict in an antitrust suit involving alleged violations of Section 1 of the Sherman Act and Sections 3 and 16 of the Clayton Act. Specifically, Jimmy T. Smith and Smith Sales Company, a corporation, appellants, wholesalers of automotive accessories, chemicals, etc. claim that Scrivner-Boogaart, Inc., a corporation, appellee, a wholesale-retail grocer and manufacturer is guilty of a per se violation...

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