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EBELING v. FOSTER & KLEISER CO.

No. 418.

12 F.Supp. 489 (1935)

EBELING v. FOSTER & KLEISER CO. et al.

District Court, W. D. Washington, N. D.

November 9, 1935.

Attorney(s) appearing for the Case

Glenn R. Madison, of Bellingham, Wash., and Roy E. Jackson, of Seattle, Wash., for plaintiff.

Herbert W. Clark (of Morrison, Hohfeld, Foerster, Shuman & Clark), of San Francisco, Cal., for Foster & Kleiser Co.

Stephen V. Carey (of Kerr, McCord & Carey), of Seattle, Wash., for Gerald O'Neil and Arthur Gerbel, Jr.

NETERER, District Judge.

Plaintiff seeks treble damages under section 7 of the Sherman Anti-Trust Act (15 USCA § 15 note). Motion is made to strike and make more definite and certain.

It should be stated at the outset that "section 7 of the Anti-Trust Act gives a right of action to one who has been `injured in his business or property.'" Again, "Recovery cannot be had unless it is shown, that, as a result of defendant's acts, damages in some amount susceptible...

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