opinion: HANOVER SHOE, INC., Appellee, v. UNITED SHOE MACHINERY CORPORATION, Appellant.
  No. 13198.
  United States Court of Appeals Third Circuit.
  Argued June 23, 1960.
  Decided June 30, 1960.
  Ralph M. Carson, New York City (Theodore Kiendl, New York City, Lewis H. Van Dusen, Jr., Philadelphia, Pa., Robert D. Salinger, Boston, Mass., Louis L. Stanton, Jr., William K. Muir,' Jr., New York City, on the brief), for appellant.
  Breck P. McAllister, New York City (Nogi, O’Malley & Harris, Scranton, Pa., Donovan, Leisure, Newton & Irvine, New York City, on the brief), James V. Hayes, New York City, Russell J. O’Malley, Scranton, Pa., Robert F. Morten, New York City, for appellee.
  Before McLAUGHLIN, STALEY and HASTIE, Circuit Judges.
  PER CURIAM.
  In this suit brought under Section 4 of the Clayton Act, 15 U.S.C.A. § 15, for alleged injury resulting from claimed violation of Section 2 of the Sherman Act, 15 U.S.C.A. § 2, by defendant there was before the district court for trial as a separate issue the question of “Whether the excessive shoe machinery costs alleged by the plaintiff and denied by the defendant constituted an injury to plaintiff’s business or property.” The quoted from consented to order further provided that the determination of the separate issue would proceed on the assumption “that the violation of the law as alleged existed, and (2) that the excessive cost of machinery as alleged existed.” The sole defense to that assumed state of facts was that plaintiff passed along defendant’s excessive charges to its customers and therefore was not injured.
  The district court in a thoroughly convincing opinion rejected the proposition advanced by defendant as contrary to the language and purpose of the governing law. Appellant also asserts that the trebled damages called for by Section 4 would result in a windfall to plaintiff. Congress, in line with its effort to eliminate the sort of monopolistic practice here revealed imposed this rigorous penalty. The assumed situation before the district court is scarcely to be called sui generis but if by any chance it should be so categoried "then any modification of Section 4 to fit the particular circumstances would be for the Congress.
  ■The order of the district court will be affirmed on the opinion of that court, D.C. M.D.Pa.1960, 185 F.Supp. 826.
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 "trade". Your task is to determine what subcategory of business best describes this litigant.
choices: auto, auto parts, auto repairs chemical drug food oil, natural gas, gasoline textile, clothing electronic alcohol or tobacco general merchandise other  unclear