(Download) "Marks Food Corporation v. Barbara Ann" by United States Court of Appeals for the Ninth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Marks Food Corporation v. Barbara Ann
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 28, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Before STEPHENS, BARNES, and JERTBERG, Circuit Judges. STEPHENS, Circuit Judge: The plaintiffs in this case are several, but by no means all of the Los Angeles retail grocers who
purchase bread for resale from defendants who make it.The plaintiffs are suing the defendants for treble damages alleging
that defendants have conspired to violate and have violated United States anti-trust statutes, by acts tending to create a
monopoly through the fixing of sales prices, giving special discounts and other discriminations against them. (The Sherman
Act, §§ 1 and 2, Title 15, U.S.C.A.; the Robinson-Patman Act, § 13, Title 15, U.S.C.A.; The Clayton Act, § 2, Title 13(a).)
A session of court with counsel was held preliminarily in which it was agreed that time could be saved by trying the issue
of "subject matter jurisdiction" separately 1 and ahead of other issues in the case, and it was agreed that counsel would
attempt the formulation of a written stipulation of fact relevant to this special issue. Such a stipulation was agreed to
and the court accepted it. See reference to the stipulation regarding the alleged conspiracy in Footnote. 2 The defendants
offered nothing in addition. The plaintiffs objected to going forward upon the ground that a jury should be empaneled. They
had demanded a jury, the defendants had not. The court then ruled that, as a matter of law, the plaintiffs' case was not within
the reach of the anti-trust statutes; or to put it in another way, defendants' businesses were neither in nor did they affect
interstate commerce. Accordingly, after making full Findings of Fact and Conclusions of Law, the court "Ordered, Adjudged
and Decreed: