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McELHENNEY CO. v. WESTERN AUTO SUPPLY COMPANY

Civ. A. No. 2135.

167 F.Supp. 949 (1958)

McELHENNEY CO., Inc., W. F. Snipes, J. T. Snipes, George Toole, Mac Toole, R. P. Swofford, Charles L. Gasque and Harry Clinkscales, Plaintiffs, v. WESTERN AUTO SUPPLY COMPANY, Defendant.

United States District Court W. D. South Carolina, Spartanburg Division.

November 18, 1958.

Attorney(s) appearing for the Case

Chester D. Ward, Jr., Spartanburg, S. C., for plaintiffs.

Wyche, Burgess & Wyche, Greenville, S. C., Watson, Ess, Marshall & Enggas, Kansas City, Mo., for defendant.

WILLIAMS, District Judge.

Defendant has moved to dismiss the amended complaint on the ground that it fails to state claims upon which relief can be granted. The amended complaint seeks treble damages for alleged violations of Section 2 of the Sherman Act (15 U.S.C.A. § 2) and Section 3 of the Clayton Act (15 U.S.C.A. § 14) as authorized by Section 4 of the Clayton Act (15 U.S.C.A. § 15).

The Parties

The defendant Western Auto Supply...

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