OHIO-SEALY MATTRESS MFG. CO. v. DUNCAN

No. 84-8321.

749 F.2d 1560 (1985)

OHIO-SEALY MATTRESS MANUFACTURING COMPANY, et al., Plaintiffs-Appellants, v. Louis C. DUNCAN, et al., Defendants, Robert Magnusson and Simmons, U.S.A., Movants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 10, 1985.


Attorney(s) appearing for the Case

Kenneth H. Hanson, Frederic F. Brace, Jr., Chicago, Ill., for plaintiffs-appellants.

Eugene G. Partain, W. Gordon Hamlin, Jr., Atlanta, Ga., for movants-appellees.

Before RONEY and HENDERSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.


PER CURIAM:

This is an appeal in a collateral proceeding held in the United States District Court for the Northern District of Georgia, in which the plaintiff, the appellant here, is suing Sealy, Inc. and others in an anti-trust suit in Chicago. The proceeding in the Northern District of Georgia followed the serving of a notice of deposition upon one Magnusson, the president of Simmons Company, claimed by the appellants to be a competitor in the field of selling mattresses...

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