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ARZEE SUPPLY CORP. OF CONN. v. RUBEROID CO.

Civ. No. 9211.

222 F.Supp. 237 (1963)

ARZEE SUPPLY CORP. OF CONN., Plaintiff, v. The RUBEROID CO., Fairfield Reserve Supply, Inc., Joseph N. Klaff Lumber & Supply Co., Inc., Defendants.

United States District Court D. Connecticut.

July 10, 1963.

Attorney(s) appearing for the Case

Robert B. Seidman, of Vogel, Sigsway, Seidman & Harris, Norwalk, Conn., for plaintiff.

John D. Fassett, of Wiggin & Dana, New Haven, Conn., and Cyrus Austin, of Austin, Burns, Appell & Smith, New York City, for defendant Ruberoid Co.

Samuel R. Dorrance, of Hawthorne, Ackerly & Dorrance, New Canaan, Conn., for defendant Fairfield Reserve Supply, Inc.

Robert A. Slavitt, of Slavitt & Connery, Norwalk, Conn., for defendant Joseph N. Klaff Lumber & Supply Co., Inc.

TIMBERS, District Judge.

This is an antitrust action brought under Section 4 of the Clayton Act1 to recover treble the damages allegedly sustained by plaintiff from violation by defendants of Sections 1 and 2 of the Sherman Act.2

Defendants, pursuant to Rule 12(b) (6), Fed.R.Civ.P., have moved, before answering, for dismissal of the action on the grounds that the complaint fails to state a claim against...

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