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WHITELEY v. FOREMOST DAIRIES

Civ. A. No. 334.

151 F.Supp. 914 (1957)

J. H. WHITELEY and Wayne Whiteley, Plaintiffs, v. FOREMOST DAIRIES, Inc., Guy Horner, and Keith Skelton, Defendants.

United States District Court W. D. Arkansas, Fayetteville Division.

June 19, 1957.

Attorney(s) appearing for the Case

James R. Hale, Rex W. Perkins, Fayetteville, Ark., for plaintiffs.

Barber, Henry, Thurman & McCaskill, Little Rock, Ark., Greenhaw & Greenhaw, John H. Joyce, Fayetteville, Ark., Harper, Harper, & Young, Ft. Smith, Ark., for defendants.

JOHN E. MILLER, District Judge.

The complaint was filed December 15, 1956. The plaintiffs asserted jurisdiction upon two grounds: (1) diversity and the amount involved, and (2) the provisions of the Sherman Anti-Trust Act and Clayton Act, Title 15 U.S.C.A. §§ 1, 2, 12, and 15. The plaintiffs alleged that the defendant dairy at all times material had been engaged "in the purchase, collection, and transportation...

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