L. G. SEMKE, d/b/a Semke Auto Mart, Plaintiff-Appellant,
v.
ENID AUTOMOBILE DEALERS ASSOCIATION et al., Defendants-Appellees.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
March 13, 1972.
Rehearing Denied April 14, 1972.
Attorney(s) appearing for the Case
Harry L. Hobson, of Jochems, Sargent & Blaes, and Donald E. Lambdin, of Blair, Matlack, Rogg, Foote & Lambdin, Wichita, Kan. (William J. Otjen, Jr., Enid, Okl., on the brief), for plaintiff-appellant.
Lynn J. Bullis, Jr., of Monnet, Hayes, Bullis, Grubb & Thompson, Oklahoma City, Okl. (Earl B. Mitchell, Jr., of Mitchell, Mitchell, DeClerck & Cox, Enid, Okl., on the brief), for Enid Automobile Dealers Association, Day Ford Company and Gene Kurz.
C. Harold Thweatt, of Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, Oklahoma City, Okl. (Val R. Miller, of Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, Oklahoma City, Okl., on the brief) for Ford Motor Company.
Otjen & Carter, Enid, Okl., for Dierksen-Jones Buick Co., Inc., Dean Pearson Dodge, Inc., Sam Norton, Jr., and Stanley B. Stuart, d/b/a Norton-Stuart Pontiac-Cadillac of Enid, Fred L. Jones and Dean B. Pearson.
Harold J. Singer, of Mitchell, Singer & Johnston, Enid, Okl., for Fidelity Motors, a Partnership, Jane E. Champlin, Executrix of the Will and Estate of Joe N. Champlin, Deceased, and Clarence W. Durheim; Musser & Green, Enid, Okl., for Northcutt Chevrolet Co., Inc., Janzen Olds, Inc., Clarence J. Janzen and Leonard C. Northcutt.
Robert L. Gregory, Enid, Okl., for Hurst Motor Co. and Jimmy B. Hurst, Sr.
Lloyd W. McKnight, of McKnight, Gasaway & McKnight, Enid, Okl., for The Enid Radiophone Co., The Enid Publishing Company, Joseph F. Hardy, Milton B. Garber, John W. Taylor and Pat Murphy.
Before SETH and DOYLE, Circuit Judges, and MECHEM, District Judge.
United States Court of Appeals, Tenth Circuit.
WILLIAM E. DOYLE, Circuit Judge.
The within action was instituted pursuant to the entire range of the Sherman and Clayton Act provisions, 15 U.S.C. §§ 1-27. However, the theory pursued at trial was limited to § 1 of the Sherman Act, the contention of the plaintiff being that the defendants were guilty of a combination and conspiracy in restraint of trade.
The defendants-appellees are franchised new car dealers who operate in the same...
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