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GAF CORPORATION v. CIRCLE FLOOR CO., INC.

No. 668, Docket 71-1956.

463 F.2d 752 (1972)

GAF CORPORATION, Appellant, v. CIRCLE FLOOR CO., INC., et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided July 5, 1972.

Attorney(s) appearing for the Case

Terence H. Benbow, New York City (Edwin J. Wesely and Steven A. Berger, Winthrop, Stimson, Putnam & Roberts, New York City, on the brief), for appellant.

Charles G. Moerdler, New York City (Stephen A. Block and Robert P. Stein, Stroock, Stroock & Lavan, New York City, on the brief), for appellees Paul Milstein, Morris Milstein, Seymour Milstein, and Gloria Milstein Flanzer.

Robert S. Smith, New York City (Martin London, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, on the brief), for appellee Circle Floor Co., Inc.

Before WATERMAN, HAYS and FEINBERG, Circuit Judges.

HAYS, Circuit Judge:

Appellant GAF Corporation filed a complaint in the United States District Court for the Southern District of New York alleging that four individuals and Circle Floor Company conspired to restrain and attempted to monopolize interstate commerce, in violation of §§ 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1, 2 (1970), by seeking to gain working control of GAF through stock acquisitions and proxy solicitations. A violation of...

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