Ewing-Von Allmen Dairy Co. v. C and C Ice Cream Co.

ALLEN, Circuit Judge.

This is an appeal from a judgment rendered in an action at law for damages for alleged violation of the Sherman AntiTrust Act and the Clayton Act, Title 15, Sections 1, 2 and 15, U.S.C., 15 U.S.C.A. §§ 1, 2, 15. The jury found for the plaintiff below, and determined the damages to be $1,000, which sum, in accordance with Title 15, Section 15, U.S.C., 15 U.S.C.A. § 15, was trebled by the court.

The Ewing-Von Allmen Dairy Company manufactured ice cream and sold its "entire output to the National Ice Cream Company an affiliate, which in turn sold and distributed it to retail…