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MURDAUGH VOLKSWAGEN, INC. v. FIRST NAT. BANK

Nos. 78-1678, 78-1679.

639 F.2d 1073 (1981)

MURDAUGH VOLKSWAGEN, INC., and Eunice B. Murdaugh, Appellants, v. The FIRST NATIONAL BANK OF SOUTH CAROLINA, a Corporation, and Buchanan Volkswagen, Inc., a Corporation, Appellees. MURDAUGH VOLKSWAGEN, INC., and Eunice B. Murdaugh, Appellees, v. The FIRST NATIONAL BANK OF SOUTH CAROLINA, a Corporation, and Buchanan Volkswagen, Inc., a Corporation, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided January 26, 1981.

Rehearing Denied March 3, 1981.

Attorney(s) appearing for the Case

Ellis I. Kahn, Charleston, S. C. (Solomon, Kahn, Roberts & Smith, Charleston, S. C., on brief) and Steven Kapustin, Philadelphia, Pa. (Kramer & Salus, Philadelphia, Pa., on brief), for appellants Murdaugh.

G. Dana Sinkler, Charleston, S. C. (John H. Warren, III, Sinkler, Gibbs & Simon, Charleston, S. C., Robert H. Hodges, Jr., Gen. Counsel, First Nat. Bank of South Carolina, Richard E. Day, Professor, University of South Carolina School of Law, Columbia, S. C., on brief), for appellee First Nat. Bank of South Carolina.

Hans F. Paul, Charleston Heights, S. C. (Paul, Seaton & Devane, Charleston Heights, S. C., on brief), for appellee Buchanan.

Before BUTZNER, FIELD, Senior Circuit Judges, and MURNAGHAN, Circuit Judge.

MURNAGHAN, Circuit Judge:

Murdaugh Volkswagen, Inc. and Eunice Murdaugh filed suit in the United States District Court for the District of South Carolina, Charleston Division, against the defendants First National Bank of South Carolina and Buchanan Volkswagen. The complaint, proceeding under Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2 (1973),1 alleged a conspiracy by both defendants to restrain or monopolize trade...

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