FISHER, District Judge.
This matter is before the court on defendant's motion for summary judgment based upon the following grounds: (1) the complaint does not state a claim upon which treble damages can be recovered under the provisions of the anti-trust laws, 15 U.S.C.A. § 1 et seq., and (2) the pleadings, depositions, and affidavits on file show that there is no genuine issue as to any material fact either as to the primary claim of the plaintiff for treble...
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