273 F.2d 196 (7th Cir. 1959), 12638, Radiant Burners, Inc. v. Peoples Gas, Light & Coke Co.

Docket Nº:12638.
Citation:273 F.2d 196
Party Name:RADIANT BURNERS, INC., Plaintiff-Appellant, v. PEOPLES GAS, LIGHT AND COKE COMPANY, Natural Gas Pipeline Company of America, Texas-Illinois Natural Gas Pipeline Co., Crown Stove Works, Northern Illinois Gas Company, Florence Stove Company, Sellers Engineering Company, Gas Appliance Service, Inc., Autogas Corporation, Norge Sales Corporation and Ame
Case Date:December 03, 1959
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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Page 196

273 F.2d 196 (7th Cir. 1959)

RADIANT BURNERS, INC., Plaintiff-Appellant,

v.

PEOPLES GAS, LIGHT AND COKE COMPANY, Natural Gas Pipeline Company of America, Texas-Illinois Natural Gas Pipeline Co., Crown Stove Works, Northern Illinois Gas Company, Florence Stove Company, Sellers Engineering Company, Gas Appliance Service, Inc., Autogas Corporation, Norge Sales Corporation and American Gas Association, Inc., Defendants-Appellees.

No. 12638.

United States Court of Appeals, Seventh Circuit.

December 3, 1959

Rehearing Denied Jan. 27, 1960.

Page 197

Charles F. Marino, Chicago, Ill. (Joseph Keig, Sr., John O'C. FitzGerald, Victor Neumark, Chicago, Ill., on the brief), for plaintiff-appellant.

Samuel Weisbard, George J. O'Grady, and Clarence H. Ross, Chicago, Ill. (Ross, McGowan & O'Keefe, Chicago, Ill., of counsel), for defendant-appellee.

Robert W. Murphy, James W. Good, Jr., Chicago, Ill., Horace R. Lamb, New York City, Charles K. Bobinette, Chicago,

Page 198

Ill. (LeBoeuf, Lamb & Leiby, New York City, of counsel), for American Gas Association, Inc., defendant-appellee.

Harold A. Smith, Justin A. Stanley, Robert E. Cronin, A. Daniel Feldman, Chicago, Ill., for defendant-appellee, Northern Illinois Gas Co.

Before HASTINGS, Chief Judge, DUFFY and CASTLE, Circuit Judges.

CASTLE, Circuit Judge.

Radiant Burners, Inc., plaintiff-appellant, (herein called plaintiff) a manufacturer of conversion gas burners and gas furnaces brought suit in the District Court seeking recovery of treble damages from and injunctive relief against defendants-appellees. Plaintiff's second amended complaint charged defendants with conspiracy and combination, in violation of 15 U.S.C.A. § 1, for the purpose of controlling the manufacture, sale, use and installation of gas burners and gas heating devices and restraining the trade and commerce of manufacturers of such devices in a manner thereinafter described. The defendants-appellees are American Gas Association, Inc., (herein called AGA); Peoples Gas, Light & Coke Co. and Northern Illinois Gas Company (herein called Utilities); Natural Gas Pipeline Company of America and Texas-Illinois Natural Gas Company (herein called Pipelines); Autogas Corporation, Crown Stove Works, Florence Stove Company, Gas Appliance Service, Inc., Norge Sales Corporation and Sellers Engineering Company (designated in the complaint as Manufacturers). It is alleged that AGA is a membership corporation and its membership embraces (1) public utility corporations, including Peoples and Northern; (2) hundreds of manufacturers of machinery, equipment and devices used in the collection, transmission and distribution of gas; (3) pipeline companies transmitting gas to utilities and large industrial users; and (4) individuals and other legal entities.

The activities of defendants-appellees alleged to be in violating of 15 U.S.C.A. § 1 are their forming or joining AGA for the purpose of controlling the manufacture, sale, use and installation of gas burners, gas heating devices and gas equipment:

'* * * in the manner described as follows:

'A. The defendant, AGA, has laboratories in Cleveland, Ohio, and Los Angeles, California, each of...

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