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SCHWAB v. BULLOCK'S INC.

No. 72-2269.

508 F.2d 353 (1974)

Leon SCHWAB, Plaintiff-Appellee, v. BULLOCK'S INC., a corporation, et al., Defendants-Appellants,

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 6, 1975.

Attorney(s) appearing for the Case

John F. O'Hara of Parker, Milliken, Kohlmeier, Clark & O'Hara (argued), Los Angeles, Cal., Asa D. Sokolow (argued) of Rosenman, Colin, Kay, Petschek, Freund & Emil, New York City, for defendants-appellants.

Glenn Warner (argued) of Karpf, Leibow & Warner, Beverly Hills, Cal., for plaintiff-appellee.

Before HUFSTEDLER and TRASK, Circuit Judges, and NEILL, District Judge.

OPINION

HUFSTEDLER, Circuit Judge:

B. B. S. K. Corporation ["BBSK"] appeals from an order denying its motion under Rule 60(b) of the Federal Rules of Civil Procedure to vacate a $540,000 default judgment. We reverse.

Schwab filed an antitrust action against three cosmetics manufacturers and two retailers, charging them with conspiracy to refuse to sell the manufacturers' products to his drugstore, for which...

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