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SHERMAN v. GOERLICH'S, INC.

Civ. A. No. 20066.

238 F.Supp. 728 (1963)

Jake SHERMAN and Jennie Sherman, copartners, trading under the firm name of Livernois Auto Parts, Plaintiffs, v. GOERLICH'S, INC., an Ohio corporation, and Irving Grand, an individual doing business as Grand Sales Company, jointly, severally and individually, Defendants.

United States District Court E. D. Michigan, S. D.

December 13, 1963.

Attorney(s) appearing for the Case

Wm. E. Speer, Detroit, Mich., for plaintiff; Aaron Rosenberg, Detroit, Mich., of counsel.

Cobourn, Yager, Smith & Falvey, Toledo, Ohio, for Goerlich's Inc.

Edward B. Benscoe, Detroit, Mich., for Irving Grand.

TALBOT SMITH, District Judge.

This case is controlled by the recent case of Garelick v. Goerlich's, Inc., (6th Cir. 1963), 323 F.2d 854, hereinafter referred to as the Capitol case.

The Capitol case involved an asserted cause of action for treble damages (15 U.S.C. § 15), based on section 1 of the Sherman Anti-Trust Act (15 U.S.C. § 1). It was alleged under paragraph V of the complaint, entitled "The Combination...

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