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GAINES v. CARROLLTON TOBACCO BOARD OF TRADE, INC.

No. 73-1450.

496 F.2d 284 (1974)

Perry J. GAINES, d/b/a Growers Tobacco Warehouse Company, et al., Plaintiffs-Appellants, v. CARROLLTON TOBACCO BOARD OF TRADE, INC., et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided May 2, 1974.

Attorney(s) appearing for the Case

Joseph R. Huddleston, Huddleston Brothers, Bowling Green, Ky., on brief, for plaintiffs-appellants.

John M. Berry, Berry & Floyd, New Castle, Ky., E. Gaines Davis, Jr., Frankfort, Ky., on brief, for defendants-appellees.

Before PHILLIPS, Chief Judge, EDWARDS, Circuit Judge, and O'SULLIVAN, Senior Circuit Judge.

EDWARDS, Circuit Judge.

This is the second appeal in this antitrust case. Preceding the first appeal the District Court had found and enjoined violations by defendants of the Sherman Antitrust Act, 15 U.S.C. § 1 et seq. (1970). The court had, however, refused plaintiffs any damages on the ground that plaintiffs' conduct (in accepting the restrictions) had estopped them from claiming damages under the treble damages clause...

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