Danville Tobacco Ass'n v. Bryant-Buckner Associates, Inc.

ALBERT V. BRYAN, Circuit Judge:

Apportionment of selling time among the warehousemen on the Danville, Virginia tobacco market, comes here again as an alleged affront to the Sherman Antitrust Act.1 It is a second appeal in the original suit with which we dealt in Danville Tobacco Association v. Bryant-Buckner Associates, Inc., 4 Cir., 333 F.2d 202 (1964).

In accordance with our suggestion on remand, the District Court asked the Federal Trade Commission to advise it upon the validity of an apportionment system known as the “permanent plan” and approved by the District Court for use beginning with…