364 U.S. 656 (1961), 73, Radiant Burners, Inc. v. Peoples Gas Light & Coke Co.,

Docket Nº:No. 73
Citation:364 U.S. 656, 81 S.Ct. 365, 5 L.Ed.2d 358
Party Name:Radiant Burners, Inc. v. Peoples Gas Light & Coke Co.,
Case Date:January 16, 1961
Court:United States Supreme Court
 
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Page 656

364 U.S. 656 (1961)

81 S.Ct. 365, 5 L.Ed.2d 358

Radiant Burners, Inc.

v.

Peoples Gas Light & Coke Co.,

No. 73

United States Supreme Court

Jan. 16, 1961

Argued December 7, 1960

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

Syllabus

Under § 4 of the Clayton Act, a manufacturer of gas heaters brought a suit for treble damages against a trade association and ten of its members which are pipeline companies, gas distributors and manufacturers of gas burners, claiming that the defendants had combined and conspired to restrain interstate commerce in the manufacture and sale of gas burners in violation of § 1 of the Sherman Act. It alleged that: the association tests burners and issues a seal of approval for those which pass its tests; such tests are not objective, but are influenced by some of the defendants which are in competition with plaintiff; the association has improperly refused to approve plaintiff's gas burners; two of the defendants which are gas distributors refuse to provide gas for use in plaintiff's burners; and plaintiff's gas burners have thus been effectively excluded from the market.

Held: it was error for the District Court to dismiss the complaint for failure to state a claim upon which relief could be granted. Klor's, Inc. v. Broadway-Hale Stores, 359 U.S. 207. Pp. 657-660.

273 F.2d 196 reversed.

Page 657

Per curiam opinion.

PER CURIAM.

The question here is whether petitioner's complaint stated a claim upon which relief could be granted. Petitioner is engaged at Lombard, Illinois, in the manufacture and sale in interstate commerce of a ceramic gas burner, known as the "Radiant Burner," for the heating of houses and other buildings. Claiming that American Gas Association, Inc. (AGA), a membership corporation doing business in the Northern District of Illinois and in other States, and 10 of its numerous members1 who also are doing business in the Northern District of Illinois, combined and conspired to restrain interstate commerce in the manufacture, sale and use of gas burners in violation of § 1 of the Sherman Act, petitioner brought this action against those parties for treble damages and an injunction in the United States District Court for the Northern District of Illinois.2

Page 658

The complaint included the following allegations: American Gas Association...

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