MENDENHALL v. FLEMING COMPANY, INC.

No. 74-1943.

504 F.2d 879 (1974)

O. C. MENDENHALL et al., Plaintiffs-Appellees, v. The FLEMING COMPANY, INC., and Minimax, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 9, 1974.


Attorney(s) appearing for the Case

William J. Merrill, Houston, Tex., H. Blair White, Chicago, Ill., for defendants-appellants.

Joe H. Reynolds, Lloyd R. Cunningham, Jr., J. Donald Stillwell, Gary B. Maddox, Houston, Tex., for plaintiffs-appellees.

Before DYER, SIMPSON and CLARK, Circuit Judges.


CLARK, Circuit Judge:

Plaintiffs, as individuals, seek to recover treble damages for an alleged anti-trust violation under Section 1 of the Sherman Act, 15 U.S.C. § 1 and Sections 3 and 4 of the Clayton Act, 15 U. S.C. §§ 14 and 15, arising from the operation of retail grocery stores by a corporation they had created. Defendants' motion for summary judgment was overruled by the district court in an order which was then duly certified and permitted to...

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