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DOVBERG v. DOW CHEM. CO.

June 24, 1961

Ike DOVBERG and Maurice Dovberg, Individually and t/a Paste Company of America, Plaintiffs,
v.
DOW CHEMICAL COMPANY et al., Defendants



The opinion of the court was delivered by: LEAHY

This case has a protracted history of pretrial discovery, *fn3" and pretrial conferences. *fn4" All defendants now move for summary judgment pursuant to F.R. 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. Defendants contend (1) that taking the pleadings of the plaintiffs, their admissions, depositions, interrogatories, and Pre-Trial Statement of Contentions there is no factual basis to support the allegation of a conspiracy between the defendants; (2) that the alleged conspiracy was neither in restraint of trade nor did it affect interstate commerce within the meaning of the Sherman or Clayton Acts; (3) that plaintiffs' cause of action is barred by the applicable four-year statute of limitations.

Plaintiffs argue (1) that defendants cannot, in the face of the paper record and contentions, establish that the alleged conspiracy did not exist; (2) that such a showing is required by the apposite law upon a motion for summary judgment; (3) that plaintiffs have demonstrated an ability to prove the conspiracy, as alleged, affected interstate commerce within the meaning of the anti-trust laws; and (4) that the statute of limitations is not applicable because it was a 'continuing' conspiracy, and ...


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