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CRAWFORD TRANSPORT COMPANY v. CHRYSLER CORPORATION

No. 15307.

338 F.2d 934 (1964)

CRAWFORD TRANSPORT COMPANY, Incorporated, Plaintiff-Appellant, v. CHRYSLER CORPORATION and Commercial Carriers, Incorporated, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

October 17, 1964.

Attorney(s) appearing for the Case

C. Gibson Downing, Lexington, Ky. (John W. McKenzie, Ashland, Ky., James Park Sr., Lexington, Ky., on the brief; Stoll, Keenon & Park, Lexington, Ky., of counsel), for appellant.

Frederick T. Shea, New York City (Caldwell & Robinson, Ashland, Ky., Kelley, Drye, Newhall, Maginnes & Warren, New York City, on the brief; Keith A. Jenkins, Detroit, Mich., of counsel), for Chrysler Corp.

Ralph C. Menapace, Jr., New York City (J. Woodford Howard, Prestonsburg, Ky., on the brief; Cahill, Gordon, Reindel & Ohl, Corydon B. Dunham, Jr., New York City, of counsel), for Commercial Carriers.

Before WEICK, Chief Judge, CECIL, Circuit Judge, and PECK, District Judge.

CECIL, Circuit Judge.

This appeal involves an alleged violation of Sections 1 and 2 of the Sherman Act. (Sections 1 and 2, Title 15 U.S.C.) The case was tried to the court without a jury. After the plaintiff had completed the presentation of its evidence, the trial judge sustained the defendants' motion, made in accordance with Rule 41(b) of Federal Rules of Civil Procedure, to dismiss the action. The trial judge gave an oral opinion, made findings of fact and conclusions...

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