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AMALGAMATED MEAT CUTTERS v. WETTERAU FOODS

No. 78-1726.

597 F.2d 133 (1979)

AMALGAMATED MEAT CUTTERS & BUTCHERS WORKMEN OF NORTH AMERICA, LOCAL UNION NO. 576, Tony Richards, Donald Keith Chirillo, Lawrence Dale, Wanda L. Colmer and Jesse Earl Glydewell, Appellants, v. WETTERAU FOODS, INCORPORATED, Thomas Briggs and Richard Dailey, d/b/a Briggs & Dailey IGA, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 2, 1979.

Attorney(s) appearing for the Case

Jerome F. X. Waterman of Houlehan & Waterman, Kansas City, Mo. (argued), and Robert L. Kimbrough, Topeka, Kan., on brief, for appellants.

S. Richard Heymann, Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo. (argued), and Thomas C. Walsh, St. Louis, Mo., on brief, for appellee Wetterau.

David F. Yates, Suelthaus, Krueger, Cunningham, Yates & Kaplan, St. Louis, Mo., argued and on brief, for appellees Briggs and Dailey.

Before GIBSON, Chief Judge, and ROSS and McMILLIAN, Circuit Judges.

GIBSON, Chief Judge.

This is an appeal from the dismissal, for failure to state a claim upon which relief can be granted, of appellants' complaint seeking treble damages1 for an alleged violation of sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2 (1973),2 and the Missouri antitrust law, Mo.Rev.Stat. § 416.010 et seq. (1969). The District Court3 found...

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