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ALPHIN v. HENSON

No. 75-1635.

538 F.2d 85 (1976)

T. S. ALPHIN and Alphin Aircraft, Inc., Appellants, v. Richard HENSON et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 17, 1976.

Attorney(s) appearing for the Case

Carl W. Schwarz, Washington, D.C. (Metzger, Noble, Schwarz & Kempler; Robert M. Beckman, Frank Kingston Smith, Beckman & Smith, Washington, D.C., on brief), for appellants.

George J. Goldsborough, Jr., Easton, Md., and (Broughton M. Earnest, Easton, Md., on brief), for appellees Richard Henson and Henson Aviation, Inc.

(Robert E. Kuczynski, Daniel W. Moylan and William P. Nairn, Hagerstown, Md., on brief), for appellee The City of Hagerstown.

Before WINTER, Circuit Judge, FIELD, Senior Circuit Judge, and MERHIGE, District Judge.

PER CURIAM:

T. S. Alphin and Alphin Aircraft, Inc., instituted this action against Richard Henson and Henson Aviation, Inc., together with the City of Hagerstown, Maryland, charging the defendants with violations of Section 2 of the Sherman Act, 15 U.S.C. § 2. The plaintiffs sought damages as well as injunctive relief.

The district court found that Henson had attempted to monopolize and granted injunctive relief under Section 16 of the Clayton Act,

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