ÆOLIAN CO. v. FISCHER

No. 84.

29 F.2d 679 (1928)

ÆOLIAN CO. et al. v. FISCHER et al.

Circuit Court of Appeals, Second Circuit.

December 10, 1928.


Attorney(s) appearing for the Case

Pavey & Higgins, of New York City (James C. Higgins and Walter Drew, both of New York City, of counsel), for appellants.

Morris Hillquit, of New York City, for appellees Fischer and others.

James E. Smith, of New York City, for appellees Wilson and Preiss.

Before MANTON, L. HAND, and SWAN, Circuit Judges.


SWAN, Circuit Judge (after stating the facts as above).

The appellants claim that they are entitled to an injunction under the provisions of the Sherman Act (26 Stat. 209), as amended by the Clayton Act (38 Stat. 730). The lower court found against this contention because the defendants did not conspire to exclude plaintiffs' organs from interstate commerce, but only to coerce the employment of union labor in the local work of installation and maintenance. The object...

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