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EASTERN FIREPROOFING CO. v. UNITED STATES GYPSUM COMPANY

Civ. A. No. 57-938.

160 F.Supp. 580 (1958)

EASTERN FIREPROOFING CO., Inc. v. UNITED STATES GYPSUM COMPANY, National Gypsum Company.

United States District Court D. Massachusetts.

March 14, 1958.

Attorney(s) appearing for the Case

Endicott Peabody, Joseph M. Koufman, Boston, Mass., for plaintiff.

G. D'Andelot Belin, Conrad W. Oberdorfer, Robert Proctor, Maurice H. Richardson, Choate, Hall & Stewart, Boston, Mass., for U. S. Gypsum Co.

Leonard Wheeler, Frank B. Wallis, Walker B. Comegys, Jr., Goodwin, Proctor & Hoar, Boston, Mass., for Nat. Gypsum Co.

ALDRICH, District Judge.

This is a treble damage action under the Sherman Act, 15 U.S.C.A. § 1 et seq., brought by a roofing contractor against two manufacturers, hereinafter termed United and National, of a roofing material essential to its business, asserting the defendants improperly cut off its supply. Most of the complaint is comprised of allegations of conspiracy under § 1 of the Act. The defendants move...

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