Summary
holding antitrust cause of action by parties for price-fixing under franchise contracts, executed more than four years before plaintiffs commenced suit, not barred where defendant abrogated price-maintenance clause within four years of commencement of suit
Summary of this case from Imperial Point Colonnades v. MangurianOpinion
No. 355.
Argued April 29, 1965. Decided May 3, 1965.
Certiorari dismissed as improvidently granted.
Reported below: 332 F.2d 505.
Arnold Fleischmann argued the cause for petitioners. With him on the briefs were Sidney W. Rothstein and Robert G. Levy.
Herman L. Weisman and John A. Wilson argued the cause for respondents. With Mr. Weisman on the briefs for Carvel Corp. et al. were Herbert F. Roth and Lester G. Renard. With Mr. Wilson on the brief for H. P. Hood Sons, Inc., was Willard M. L. Robinson. Albert L. Wigor filed a brief for Eagle Cone Corp. William G. Mulligan and Doris Carroll filed a brief for Rakestraw's Dairy Products, Inc.
Jerrold G. Van Cise filed a brief for the International Franchise Association, Inc., as amicus curiae.
The writ of certiorari is dismissed as improvidently granted.
MR. JUSTICE GOLDBERG took no part in the decision of this case.