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NATIONWIDE MUT. INS. CO. v. AUTOMOTIVE SERVICE

Civ. A. No. 78-323.

490 F.Supp. 282 (1980)

NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff, v. AUTOMOTIVE SERVICE COUNCILS OF DELAWARE, INC. et al., Defendants.

United States District Court, D. Delaware.

May 20, 1980.

Attorney(s) appearing for the Case

Richard E. Poole, Daniel F. Lindley, and Gregory A. Inskip, of Potter, Anderson & Corroon, Wilmington, Del. (Richard C. Beifuss, Columbus, Ohio, of counsel), for plaintiff.

Alfred J. Lindh, Wilmington, Del. (Jonathan T. Howe, of Jenner & Block, Chicago, Ill., of counsel), for defendants.

OPINION

STAPLETON, District Judge.

The question presented by this motion to dismiss is whether Nationwide Mutual Insurance Co. ("plaintiff") has standing under Section 16 of the Clayton Act, 15 U.S.C. § 26,1 to seek to enjoin alleged violations of Section 1 of the Sherman Act, 15 U.S.C. § 1, by the Automotive Service Councils of Delaware, Inc., an association of automobile body repair shops, and its members ("defendants...

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