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DAY v. WALKER

Civ. No. 2037.

206 F.Supp. 32 (1962)

C. T. DAY, Plaintiff, v. James E. WALKER, Jr., Individually, and as President, Director and Member of the Asheville Tobacco Board of Trade, Inc.; J. Carlie Adams, Luther G. Hill, and James W. Stewart, Individually and as Directors and Members of the Asheville Tobacco Board of Trade, Inc.; Walter Walker, Individually and as a Member of the Asheville Tobacco Board of Trade, Inc.; Max M. Roberts, Individually; Asheville Tobacco Board of Trade, Inc., a Corporation; and Farmers Federation Cooperative, Inc., a Corporation, Defendants.

United States District Court W. D. North Carolina, Asheville Division.

June 12, 1962.

Attorney(s) appearing for the Case

Ward & Bennett, William C. Moore, Asheville, N. C., for plaintiff.

Howrey, Simon, Baker & Murchison, Washington, D. C., Elmore & Martin, Joseph C. Reynolds, Asheville, N. C., for defendants.

WARLICK, Chief Judge.

This is a civil action brought by the plaintiff under the Clayton Act, 15 U.S. C.A. § 15, to recover treble damages allegedly sustained by him as a result of an alleged conspiracy on the part of the defendants in violation of section 1 of the Sherman Act, 15 U.S.C.A. § 1.

The defendants filed timely motions to dismiss the action on the grounds (1) that the plaintiff had failed to state a claim upon which relief could be granted...

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