E. v. Prentice MacHinery Co. And Prentice MacHinery Works, Inc. v. Associated Plywood Mills, Inc.

Plaintiffs appeal from a judgment for defendant in this treble damage action brought under § 4 of the Clayton Act, 15 U.S.C.A. § 15 . Prior to the nonjury trial, defendant admitted liability, but denied that plaintiffs had sustained any damage. The trial court adopted this view. On appeal, plaintiffs contend that the controlling law of damages in antitrust suits was disregarded, and that the findings of fact, in substantial respects, are clearly erroneous.

Appellant E. Y. Prentice Machinery Co. (Prentice) is an Oregon partnership, organized in 1947, engaged in the business of selling plywood manufacturing equipment. Appellant Prentice Machinery Works, Inc., is an Oregon Corporation, organized in March 1952 by the partners of Prentice. The corporation is engaged in the business of manufacturing plywood manufacturing equipment.

In 1950, Prentice became an authorized agent to import and sell automatic veneer patching machines manufactured in Germany by B. Raimann GMBH of Freiberg, Germany. Prentice thereafter sold a substantial number of these machines in interstate commerce.

Appellee, Associated Plywood Mills, Inc., (Associated) has, since 1941, engaged in the business of…