SWARTZ v. FORWARD ASS'N

Civil Action No. 247.

41 F.Supp. 294 (1941)

SWARTZ v. FORWARD ASS'N et al.

District Court, D. Massachusetts.

October 8, 1941.


Attorney(s) appearing for the Case

Elbridge R. Anderson and Roberts B. Owen, both of Boston, Mass., for plaintiff.

George E. Roewer (Roewer & Reel), of Boston, Mass., for defendants Butkovitz and Anthony.

Jacob J. Kaplan (Nutter, McClennen & Fish), of Boston, Mass., for defendants Forward Ass'n and American Jewish Pub. Co.


SWEENEY, District Judge.

This action was filed under authority of 15 U.S.C.A. § 15 for treble damages. Two of the defendants have filed a motion to dismiss for want of jurisdiction. The defendants' position is that the bill of complaint fails to disclose any violation of the antitrust laws within the meaning of the statute employed. The effect of this decision will be to dispose of the case as to all of the defendants since the question raised is a jurisdictional...

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