opinion: PER CURIAM.
  The plaintiff below and appellee here filed a complaint in the court below on December 14,1956, to recover treble damages under §§ 15 and 16 of Title 15 U.S.C.A., commonly known as the Clayton Act. It claimed damages from the time it was organized in 1938 resulting from the defendant’s below and appellant’s here alleged monopolization of the shoe machinery business. The defendant answered and relying upon the 1955 amendments of the Clayton Act, 69 Stat. 283, moved under Rule 56(b), 28 U.S. C.A., for partial summary judgment insofar as the plaintiff’s complaint purported to assert any cause of action arising more than four years prior to the filing of the complaint, that is prior to December 14, 1952. The court below denied the motion and in its order of denial certified the question presented as appropriate for immediate appeal under § 1292(b). The defendant made timely application to this court for an appeal and we granted the application.
  As in Herman Schwabe, Inc., v. United Shoe Machinery Corporation, 274 F.2d 608, decided by the United States Court of Appeals for the Second Circuit on January 20, 1960, a suit by the United States upon .the same “cause of action” as that in the case at bar was pending against the defendant between December 15, 1947, and June 23, 1954. Nor is there any other significant difference between the facts in this case and the facts in the Herman Schwabe, Inc., case in which the court considered and refuted the same arguments advanced by the plaintiff in the court below and again as the appellee on this appeal. We find nothing to add to the discussion of the Court of Appeals in that case. On the reasoning and statutory analysis of that opinion and on the cases cited therein:
  Judgment will be entered setting aside the order of the District Court and remanding the case to that Court for further consistent proceedings.
instruction: What follows is an opinion from a United States Court of Appeals.
  Intervenors who participated as parties at the courts of appeals should be counted as either appellants or respondents when it can be determined whose position they supported. For example, if there were two plaintiffs who lost in district court, appealed, and were joined by four intervenors who also asked the court of appeals to reverse the district court, the number of appellants should be coded as six.
  When coding the detailed nature of participants, use your personal knowledge about the participants, if you are completely confident of the accuracy of your knowledge, even if the specific information is not in the opinion. For example, if "IBM" is listed as the appellant it could be classified as "clearly national or international in scope" even if the opinion did not indicate the scope of the business. 
  
  Your task concerns the first listed appellant. The nature of this litigant falls into the category "private business (including criminal enterprises)", specifically "manufacturing". Your task is to determine what subcategory of business best describes this litigant.
choices: auto chemical drug food processing oil refining textile electronic alcohol or tobacco other unclear