[Download] "Rogers v. Douglas Tobacco Board of Trade Inc." by United States Court of Appeals for the Fifth Circuit # eBook PDF Kindle ePub Free

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eBook details

• Title: Rogers v. Douglas Tobacco Board of Trade Inc.
• Author : United States Court of Appeals for the Fifth Circuit
• Release Date : January 05, 1959
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

Before RIVES, JONES, and WISDOM, Circuit Judges. RIVES, Circuit Judge: This action is for treble damages for alleged violations of the Sherman Anti-Trust Act1 in the allocation of selling time among the tobacco warehouses on the Douglas, Georgia, market. Most of the facts out of which this case arises, together with a description of the tobacco auction system, are set forth in our opinion on former appeal2 and need not be repeated at length. The original complaint had involved only the 1954 and 1955 tobacco market seasons. The first appeal was from the judgment of the district court sustaining the motions of the defendants for judgment on the pleadings. As to the year 1954, the decisive question was whethe the provision for the allocation of selling time to a new warehouse was an unreasonable, and hence illegal, restraint of trade. We agreed with the district court that it was not shown to be such. In the year 1955, the plaintiff was affected for the first time by a 3 1/2 per cent limitation provision on increases and decreases in selling time as that limitation was construed and applied. We reversed as to the 1955 tobacco market season and remanded the cause for further proceedings, saying:

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