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CALDWELL-CLEMENTS, INC. v. COWAN PUBLISHING CORP.

130 F.Supp. 326 (1955)

CALDWELL-CLEMENTS, Inc. and Maurice Clements, Plaintiffs, v. COWAN PUBLISHING CORP. and Sandford R. Cowan, Defendants.

United States District Court, S. D. New York.

March 29, 1955.

Attorney(s) appearing for the Case

Robert E. Nickerson, c/o Smith, Sargent, Doman & Grant, New York City, for plaintiffs.

Kommel & Rogers, New York City, for defendants Myron Kommel, New York City, of counsel.

IRVING R. KAUFMAN, District Judge.

The defendants move to dismiss the complaint consisting of three claims, each stated in a separate count.

The first claim is for treble damages based upon Section 1 of the Sherman Anti-Trust Act, 15 U.S.C.A. § 1. Defendant asks dismissal of the count for failure to state a claim.1 The plaintiffs and defendants are publishers of rival trade magazines...

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