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MONTICELLO TOBACCO CO. v. AMERICAN TOBACCO CO.

No. 249, Docket 22333.

197 F.2d 629 (1952)

MONTICELLO TOBACCO CO., Inc., v. AMERICAN TOBACCO CO. et al.

United States Court of Appeals Second Circuit.

Decided June 19, 1952.

Attorney(s) appearing for the Case

Philip Handelman, New York City (Walter H. Schulman, New York City, on the brief), for plaintiff-appellant.

Horace G. Hitchcock, New York City (Chadbourne, Parke, Whiteside, Wolff & Brophy and Ralph D. Ray and Melvin D. Goodman, all of New York City, on the brief), for defendants-appellees American Tobacco Co., American Suppliers, Inc., Paul M. Hahn, and Vincent Riggio.

Bethuel M. Webster, New York City (Webster, Sheffield & Horan and Francis H. Horan and Frederick P. Haas, all of New York City, on the brief), for defendants-appellees Liggett & Myers Tobacco Co., James W. Andrews, and William A. Blount.

Before AUGUSTUS N. HAND, CLARK, and FRANK, Circuit Judges.

CLARK, Circuit Judge.

This is an appeal from the dismissal of a private antitrust suit under § 4 of the Clayton Act, 15 U.S.C.A. § 15. Plaintiff, now defunct, was engaged for a short time in 1939 and 1940 in the distribution of tobacco products. Defendants are several of the major cigarette manufacturers and a sprinkling of their officers. The action was commenced by a complaint alleging that defendants, in violation of §§ 1 and 2 of the Sherman...

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