Perry J. Gaines, D/B/A Growers Tobacco Warehouse Company v. Carrollton Tobacco Board of Trade, Inc.

EDWARDS, Circuit Judge.

This is the second appeal in this antitrust case. Preceding the first appeal the District Court had found and en joined violations by defendants of the Sherman Antitrust Act, 15 U.S.C. § 1 et seq. (1970). The court had, however, refused plaintiffs any damages on the ground that plaintiffs’ conduct (in accepting the restrictions) had estopped them from claiming damages under the treble damages clause section of the Clayton Act, 15 U.S.C. § 15 (1970).

This court reversed as to the damage issue, holding that plaintiffs were not estopped and remanded the case to the District…