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CARSWELL TRUCKS, INC. v. INTERNATIONAL HARVESTER CO.

70 Civ. 4392.

334 F.Supp. 1238 (1971)

CARSWELL TRUCKS, INC., Plaintiff, v. INTERNATIONAL HARVESTER COMPANY, Defendant.

United States District Court, S. D. New York.

December 3, 1971.

Attorney(s) appearing for the Case

Hammond & Schreiber, New York City, for plaintiff; Alexander Hammond, Dale A. Schreiber, New York City of counsel.

Townley, Updike, Carter & Rodgers, New York City, for defendant; Ronald S. Daniels, New York City, of counsel.

Daryl B. Oldaker, Kirkland, Ellis, Hodson, Chaffetz & Masters, Chicago, Ill.; Hammond E. Chaffetz, Fred H. Bartlit, Jr., Donald G. Kempf, Jr., Michael T. Hannafan, Chicago, Ill., of counsel.

OPINION

FREDERICK van PELT BRYAN, District Judge:

This is a private antitrust action alleging violation of Section 1 of the Sherman Act, 15 U.S.C. § 1, and seeking treble damages and injunctive relief. Jurisdiction is based on Section 4 of the Clayton Act, 15 U.S.C. § 15 and 28 U.S. C. § 1337.

Plaintiff, Carswell Trucks, Inc. (Carswell), a New York corporation, is engaged in the business...

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