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WINN AVE. WAREHOUSE v. WINCHESTER TOBACCO WAREHOUSE CO.

No. 1454.

220 F.Supp. 741 (1963)

WINN AVENUE WAREHOUSE, INC., Plaintiff, v. WINCHESTER TOBACCO WAREHOUSE COMPANY, Inc., the Burley House, Inc., P. O. Wilson, Ed Smith, Tom Jones and J. H. Waller, a partnership d/b/a the Farmers Warehouse, and the Winchester Tobacco Board of Trade, Defendants.

United States District Court E. D. Kentucky, Lexington.

August 16, 1963.

Attorney(s) appearing for the Case

Eblen, Howard & Milner, Amos H. Eblen, Samuel Milner, Lexington, Ky., for plaintiff.

Gess, Mattingly, Saunier & Atchison, William Gess, Jack Mattingly, Lexington, Ky., for defendants, Winchester Tob. Warehouse Co. Inc., and Tom Jones, and another d/b/a the Farmers Warehouse.

Marshall McCann, Jr., Winchester, Ky., for defendant the Burley House, Inc.

J. Smith Hays, Jr., Winchester, Ky., for the Winchester Tobacco Board of Trade.

HIRAM CHURCH FORD, Senior District Judge.

This is a civil action by which the plaintiff, invoking jurisdiction of the Court under 28 U.S.C.A. § 1337, charges that the defendants entered into a conspiracy to injure and destroy the plaintiff as a competitor in the sale of tobacco at auction in the loose leaf tobacco market at Winchester, Kentucky, and by their wrongful capricious, arbitrary, illegal and unreasonable acts, done in furtherance of the conspiracy,...

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