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RAUBAL v. ENGELHARD MINERALS & CHEMICALS CORPORATION

No. 71 Civ. 5628.

364 F.Supp. 1352 (1973)

Emil D. RAUBAL, Individually and as Liquidator of Sociedad Minera Aconcagua Ltda., a partnership, and Ilia Petrof, Plaintiffs, v. ENGELHARD MINERALS & CHEMICALS CORPORATION et al., Defendants.

United States District Court, S. D. New York.

September 25, 1973.

Attorney(s) appearing for the Case

Milbank, Tweed, Hadley & McCloy, New York City, for plaintiffs by Russell E. Brooks, New York City.

Cahill, Gordon & Reindel, New York City, for defendants Engelhard and Derby; David R. Hyde, Leonard A. Spivak, George Wailand, New York City, of counsel.

Rabinowitz, Boudin & Standard, New York City, for defendant Codelco; Victor Rabinowitz, K. Randlett Walster, New York City, of counsel.

OPINION

BONSAL, District Judge.

This is a motion for summary judgment by the defendants in a private antitrust action brought by plaintiffs under Sections 1 and 2 of the Sherman Act (15 U.S.C. §§ 1, 2) and Sections 73, 74, 75 and 76 of the Wilson Tariff Act (15 U.S.C. §§ 8-11), which extend the antitrust laws to the importation of goods. Plaintiffs seek treble damages and an injunction under Sections 4 and 16 of the Clayton Act (15 U...

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