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EVANS v. S. S. KRESGE CO.

Nos. 75-1782 and 76-1181.

544 F.2d 1184 (1976)

John EVANS, Trustee in Bankruptcy for Hempfield Stores, Inc., a Bankrupt, Appellant, v. S. S. KRESGE COMPANY, a Foreign Corporation, Appellee.

United States Court of Appeals, Third Circuit.

Decided November 2, 1976.

Attorney(s) appearing for the Case

Howard A. Specter, David R. Brown, Litman Litman Harris & Specter, P.A., Pittsburgh, Pa., for appellant.

Richard M. Abrams, Michael M. Baylson, Henry T. Reath, Duane, Morris & Heckscher, Philadelphia, Pa., for appellee; James C. Tuttle, Troy, Mich., of counsel.

Before ADAMS, HUNTER and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

This appeal requires us to examine the business and license arrangement into which the parties entered to determine if the price and product restrictions imposed upon the licensee constituted an antitrust violation. We conclude that we have jurisdiction to conduct this inquiry and that the defendants did not violate Section 1 of the Sherman Anti-Trust Act by their marketing requirements.

The plaintiff, trustee...

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