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HENKE ENTERPRISES, INC. v. HY-VEE FOOD STORES

Nos. 84-1421, 84-1464.

749 F.2d 488 (1984)

HENKE ENTERPRISES, INC., an Iowa corporation, Kenneth Henke and Jean Henke, Appellants, v. HY-VEE FOOD STORES, INC., an Iowa corporation, a/k/a Drug Town, Inc., and Allied Development Company, an Iowa corporation, and Iowa Realty Co., Inc., an Iowa corporation, Appellees. HENKE ENTERPRISES, INC., an Iowa corporation, Kenneth Henke and Jean Henke, v. HY-VEE FOOD STORES, INC., an Iowa corporation, a/k/a Drug Town, Inc., Allied Development Company, an Iowa corporation, and Iowa Realty Co., Inc., an Iowa corporation, Appellees, Ray N. Johnson, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed December 2, 1984.

Attorney(s) appearing for the Case

Jon P. Sullivan, Des Moines, Iowa, for appellants.

Donald J. Polden, Des Moines, Iowa, for appellees.

Before ARNOLD, FAGG, and BOWMAN, Circuit Judges.

FAGG, Circuit Judge.

Henke Enterprises, Inc. (Henke) appeals an order granting defendants' motion for summary judgment. The district court granted the motion after concluding that Henke had no standing to maintain a private antitrust action under section 4 of the Clayton Act, 15 U.S.C. § 15. We agree and affirm.

Henke operated a hardware store in a small shopping center on 22nd Street in West Des Moines, Iowa...

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