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FIRST STOP BOOK SHOP v. MATTHEWS BOOK CO., INC.

No. 79-2032.

634 F.2d 396 (1980)

FIRST STOP BOOK SHOP, INC., Thomas D. Moore; Louise Moore as Trustees of First Stop Book Shop, Inc. and Trustees of First Stop Book Shop, Inc., Appellants, v. MATTHEWS BOOK COMPANY, INC.; Matthews Medical and Scientific Book Company; McCoy Surgical Supplies, Inc.; C. W. Albans, Inc., Appellees. Follett Corporation, Follett St. Louis University Book Store, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 4, 1981.

Attorney(s) appearing for the Case

Helton Reed, Jr., St. Louis, Mo., argued, and Thomas, Busse, Goodwin, Cullen, Clooney & Gibbons by Frank J. Niesen, Jr., Richard J. Mehan, Jr., St. Louis, Mo., for appellants.

Harold B. Bamburg, St. Louis, Mo., Kenneth J. Heinz, St. Louis, Mo., argued, Bamburg & Heinz, St. Louis, Mo., for appellees Matthews Book Co., Matthews Medical & Scientific Books, Inc. and McCoy Surgical Instruments & College Supplies, Inc.

Gerald F. Hempstead, Susman, Stern, Heifetz, Lurie, Sheehan, Popkins & Chervitz, St. Louis, Mo., Howard L. Kastel, Chicago, Ill., Susan A. Henderson, Chicago, Ill., Freda J. Levenson, Chicago, Ill., argued, Altheimer & Gray, Chicago, Ill., for appellee Follett St. Louis University Book Store, Inc.

Before STEPHENSON, Circuit Judge, KUNZIG, Court of Claims Judge, and McMILLIAN, Circuit Judge.

McMILLIAN, Circuit Judge.

This is an appeal from dismissal of action under the Sherman Anti-Trust Act, 15 U.S.C. §§ 1, 2, brought by statutory trustees of First Stop Book Shop, Inc. (First Stop) against Follett Corporation and its subsidiary Follett St. Louis University Book Store (collectively Follett) and four other defendants. The district court dismissed on the ground that the trustees lost the capacity to bring...

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